But then, if he has a warrant to search, the search can be wide. If, however, the law under consideration stipulates he can request the phone only to see if it was in use during the incident, then police can be limited to merely recording that fact and getting a confirming log of the time only.
Keep in mind that I was reading it in the context of what I know has happened in New Jersey with law enforcement officers and cell phones.
A few years ago a young woman was pulled over and arrested for driving while intoxicated. They took all of her possessions from her while she was being held in the jail cell at the police station. Someone came and picked her up, and when she recovered from her hangover the next day she found something bizarre on her cell phone. Two cops at the police station had taken her cell phone into the men's bathroom and -- for reasons that only a New Jersey cop would ever be able to explain -- took various "Anthony Weiner" photos of themselves using her cell phone camera.
Yeah, the photos were on her cell phone when she checked it the next day.
Yeah, the police officers were fired.
No, I don't want any police officer f#$%ing around with my cell phone without a warrant.
There is no need to search the phone at that time. If the driver was on the phone the phone company will have a record.
Either we have a 4th amendment or we dont. Sounds like you are on the side of getting rid of it.