Here's what one state's texting law says about a stop for texting and driving:
A law enforcement officer who stops a motor vehicle for a violation of paragraph (a) must inform the motor vehicle operator of his or her right to decline a search of his or her wireless communications device and may not:
1. Access the wireless communications device without a warrant.
2. Confiscate the wireless communications device while awaiting issuance of a warrant to access such device.
3. Obtain consent from the motor vehicle operator to search his or her wireless communications device through coercion or other improper method. Consent to search a motor vehicle operator’s wireless communications device must be voluntary and unequivocal.