39:3-10u Holder not required to relinquish electronic device for verification, digital driver's license, non-driver identification card.
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/nj/title-39/chapter-3/39-3-10uA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
5. a. A holder shall not be required to give physical possession of the holder's electronic device to any other person or entity in order to use a digital driver's license or digital non-driver identification card for identity verification. No person or entity, including any law enforcement officer as defined in section 2 of P.L.1961, c.56 (C.52:17B-67), shall take physical possession of a holder's electronic device for the purposes of verifying the holder's identity.
b. If a holder displays or gives physical possession of the holder's electronic device to any other person or entity in order to use the license or identification card for identity verification, the display or surrender of physical possession of the holder's electronic device shall not constitute the holder's consent to a search of or the holder's consent for access to any information other than that which is immediately available on the digital driver's license or digital non-driver identification card.
Information incidentally obtained in the process of viewing a digital driver's license or digital non-driver identification card to verify the identity of the holder shall not be used to establish probable cause for a warrant to search the holder's electronic device.
c.
(1)Any request for remote access to a digital driver's license or digital non-driver identification card for the purposes of identity verification shall:
(a)require the express consent of the holder;
(b)be limited to the content of the digital driver's license or digital non-driver identification card specified in the request for remote access; and
(c)not exceed the information available on a printed, hard-copy driver's license or digital non-driver identification card.
(2)A holder's consent to grant remote access to the holder's digital driver's license or digital non-driver identification card shall not constitute consent to a search, nor shall it constitute consent for access to any information other than that which is immediately available on the digital driver's license or digital non-driver identification card. Information incidentally obtained in the process of remotely accessing a digital driver's license or digital non-driver identification card shall not be used to establish probable cause for a warrant to search the electronic device.
L.2025, c.115, s.5.