Well, they could "analyze" your cellphone and check the timestamps on your messages ...
That would be considered search and I would not consent to it period, they want to search my property they can get a warrant. Also iPhones for instance don't TS each message. To PROPERLY prove my guilt they would have to do the following:
1) Use the name/SS# from the registration to obtain a warrant
2) Contact the cellphone company and get my account information
3) Go through the account information and match up time of usage with the time when they pulled me over
4) Present the evidence in court
What they will actually do is:
1) Stop you, issue a ticket and leave it up to you to prove your innocence*
*happened to my dad he got pulled over for using his cell, cept that:
a) he has a BT headset and always uses it, in fact he likes it cuz his a geek and its a toy
b) he had a total of 2 phone calls that day hours apart and neither with even 2 hours of the time that he got a ticket
He got a print out from the phone company of usage and went to court, cop didnt even show up and he got off scott free.
Hands free means hands free. This includes holding it in your hand. Its like people who think "hands free" means "holding it next to my mouth while i talk on speaker". Its just wrong. another thing that kills me is when i see someone in a newer car, like a Merc or a new Ford, and i know they have bluetooth built in. did you not pay attention when you paid the $85,000 for that car? WTF!
The law only applies to txting/talking does it not? If I'm using it as an mp3 player the law does not apply. By the same token I could have it in airplane mode and use it an mp3 player only and I can easily show him the icon in the top right that doesn't show a signal. Not a problem for me really I just hook it up to HU and forget about it till I get of the car and then lock the car and then swear and go retrieve my phone.
My issue with laws like these is that while I understand the reasoning behind them its the fact that:
a) If you can't talk on the phone and drive you shouldn't be driving
- if you txt while driving (assuming you are not stationary) you shouldn't be alive.
b) Enforcing it properly requires much more police work than LEO is willing to do
c) People just submit to 5-0 for no reason
d) It's another fake reason for the pigs to pull you over