Question: How do Maryland police officers determine whether someone was using their phone at the time of an accident?
Answer: There’s no special machine. The first thing the officer’s going to do is ask, and then we’ll see how truthful, because generally people’s first response is to say “no.” So what they’ll do is subpoena the records from the phone company, and they could detain the phone to actually search through it, you know, if they have your password and all that kind of stuff. Now, the case law is very new on what kind of rights the officers have to actually get a subpoena served to, say, Facebook or to your phone provider. But that’s the only way that they can really do it now, is outside of an admission, they can pull your phone records and see, or if your phone’s unlocked they can go look and take pictures of the screen. So the technology isn’t quite there yet, outside of you admitting it or them pulling your phone records.