Rep. Speedy has introduced HB 1384 which would prohibit law enforcement from downloading from a telecommunications device for a violation of the law against texting and driving. There are exceptions if the owner consents, if there is a warrant, or if the phone is otherwise searchable by law. So, as I read the bill, this is just saying that an officer can’t download information solely because of a texting and driving violation. The phone might be fair game if there are other factors involved.
The bill is being heard in the House Committee on Courts and Criminal Code tomorrow (Jan. 27, 2014).
The current texting & driving statute (that really doesn’t accomplish much of anything) already prohibits the confiscation of the mobile device. http://blog.wallack.us/2011/05/indiana-adopts-ban-on-texting-while.html