If You Are Stopped On Suspicion Of Texting While Driving, Are You Required To Allow The Law Enforcement Officer To Search Your Wireless Device?

The law requires an officer to inform you of your right to decline a search of your wireless device. If you decline, the officer may not access your device without first obtaining a search warrant from a judge, nor may the officer confiscate your device while waiting to obtain a warrant to access it. The…

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Isn’t There An Increased Risk Of Improper Law Enforcement Behavior Now That Texting While Driving Is A Primary Offense?

In order to deter improper racial or ethnic “profiling”, the law now requires a law enforcement officer to record the race and ethnicity of the violator on any citation for violation of Sections 316.305 or 316.306. Law enforcement agencies are required to maintain this information and report it to the Department of Highway Safety and…

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