Southern Maine Criminal Lawyer BlogNationally known New Hampshire DWI Defense Attorney Mark Stevens (http://www.byebyedwi.com) invited me to appear this last week on his radio show “Lawyer UP”, heard every Thursday morning at 9 a.m. on WCCM, AM 1110 (http://www.1110wccmam.com). It was Mark’s (@ByeByeDWI) first show, and I was honored to be his first guest on the inaugural episode. I hadn’t been on a shakedown cruise since my Maine Maritime days! Mark invited me on to discuss the 4th Amendment implications of a proposed new bill in New Hampshire (House Bill 546) that bans driving with a cell phone in your hand, and allows the police to do a warrantless search of your phone if charged, to confirm the time of the call.
This proposed bill is square in the middle of the ongoing erosion of our privacy rights in this country. From here to California, laws are being written that leave the 4th Amendment frayed in the wind of digitization. While Ohio has decided that 4th Amendment protection extends to cell phones seized by police, California just recently ruled that a cell phone is no different from a piece of clothing and is subject to a search incident to arrest. This type of split should set up an epic showdown in the United States Supreme Court in the near future. The New Hampshire proposed bill is also ripe for a vagueness challenge in its current form; in hand? Near ear? Cradled in my 2nd chin? On vibrate…..anyway, thanks again to Mark for the opportunity. Stay tuned, there is more to come!! CALL NICHOLS, WEBB & LORANGER @ 207-283-6400 if you have questions about a criminal case or need an employment attorney, offices in Portland & Saco, Maine.