Lee Tien, senior staff attorney at the Electronic Frontier Foundation (EFF), agrees that the technology is ripe for misuse.
"I think a law that essentially requires you to hand over your phone to a cop in a roadside situation without a warrant is a non-starter. I know that the supporters of this law talk about how it is designed to keep police away from these sensitive areas of your life. But really, that’s ridiculous. They’re human and they stray or make errors in judgment," he said.
Both Lieberman and Tien also mentioned that police officers looking to investigate a driver's phone use can obtain call and texting records with time stamps from phone companies.