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Senate hearing considers bill to codify that showing electronic driver license is not consent to phone search
Summary
Senators heard testimony on Senate Bill 124, sponsored by Sen. Ken Bogner, which would codify a Supreme Court ruling that presenting an electronic driver’s license to a peace officer does not constitute consent to search a phone; proponents asked to expand the bill to explicitly cover electronic proof-of-insurance apps.
Senator Ken Bogner, sponsor of Senate Bill 124, told the Senate Energy Committee the bill would codify a recent Supreme Court ruling that displaying or providing an electronic driver’s license to a peace officer does not constitute consent to a search or seizure of the electronic device. "This bill... codifies [the Supreme Court] ruling that displaying or giving an electronic driver's license to a peace officer does not constitute consent to a search and seizure of the electronic device," Bogner said during the hearing.
The chief proponent in the hearing, Don Cape of the Coalition for Safety and Justice, told the committee the bill “clarifies and codifies the current law when it comes to searches of a cell phone.” Cape urged the sponsor and committee to consider an amendment adding electronic proof-of-insurance stored in insurer mobile apps to the list of items whose presentation would not be treated as consent to search. "Many companies... are offering insurance cards or proof of insurance as part of their app on our cell phones," Cape said, and adding that category, he said, would “clear up a lot of gray area.”
No opposition testimony was recorded during the hearing. Bogner said he was open to an amendment broadening the bill’s language to include insurance or other electronic documentation and left the exact wording to the committee.
The hearing record does not show any formal vote taken in committee on SB 124 during the public testimony portion. The committee moved on to other bills after closing the SB 124 hearing.
