Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
From WYFF4.COM:
Clemson: Ban On Texting While Driving?
CLEMSON, S.C. -- If some Clemson city leaders have their way, 2010 will bring a new ordinance that bans texting while driving.
"This is a college town and everybody knows college students love to text," Mayor Larry Abernathy told WYFF. "I've seen any number of them on main thoroughfares in Clemson texting while driving."
Abernathy said the ordinance would apply to everyone - not just college students - driving within the city limits of Clemson.
He said results of a study on texting prompted him to bring up the issue for discussion at Monday's city council meeting.
"What it said was that someone who is texting while driving is actually more dangerous than someone who is under the influence at twice the legal limit. That's frightening," Abernathy told WYFF.
Chief Jimmy Dixon with the Clemson Police Department said there have been several traffic accidents in the city where texting is a suspected factor, but investigators had no way of proving that is the case.
Dixon researched efforts elsewhere to ban texting while driving. He said Clemson's would likely follow North Carolina's state statute which imposes a $100 fine.
Dixon said to enforce the ordinance, officers would need to take a closer look at a driver's phone to verify that a text message was sent prior to the traffic stop.
"It's not that the officer is to be in there viewing all of the text messages or getting into the private business of the individual driving the car," explained Dixon. "There has to be some type of provision that allows that officer to look at the very last text message that was sent from that phone."
Dixon said it would also be possible to subpoena the information from the cell phone company, but an officer would still need to see the driver's phone to verify the service provider.
City leaders would still need to work on specifics and legal issues associated with a possible ordinance, but Abernathy remains hopeful the measure would pass quickly by the end of January.
"If we only save one life, we've done our job," said Abernathy.
Make no mistake ... this is an invasion of private property. Seeing a text message or even finding out your cellphone service provider is a violation of privacy. * Police are entitled to reasonably attaining specifics about your car - which most police officers are able to do by a two second glance - I know I can. They are also entitled to the information on your state issued driver's license.Clemson is always first in the county to pass a tax*, a fee, or stipen if they can - this is a revenue stream being purported as a safety measure.
* Clemson passed one of the first hospitality taxes on prepared food in the state in 1997.
* Liberty instituted a 2% hospitality tax almost immediately upon becoming a city, modeling Clemson's efforts
In the words of Ben Franklin,
"Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."
I used to text while driving. When I saw the report about texting being more dangerous than drunk driving, I recalled the few times I ran off the road while "in the act". I stopped. I now pull over if I need to send a text. That being said, I do still browse my iPhone - which requires brief touch interaction. It may appear as if I'm texting. If I am not swerving or running traffic lights and disobeying road signs - there is no cause to pull me over - even if an officer sees me interacting with my touch phone interface.
This should be a three strikes law if enacted and the fine should then be much higher than $100.00 upon the three strikes.
I trust in a police officer's ability to recognize reckless driving - if this is the charge - then he should have the right to pull me over - make the charge - issue a citation and let me go on my way - to pay my fine or show up in court and protest the charge.
* Texting while driving sign from Florida
1 COMMENTS / Make your own:
This IS just another method of fine revenue for the cities around us! It is not fair to force the police officers to try and figure out if someone is texting or not, then have to ask to see their phone?! If the law does get passed, the fine should be: no cell phone for the offender for one year! That would be tragic for some people and I'm willing to bet they will never text while driving again. By the way, I DARE someone to ask to see MY phone.
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