"Based on the new law, the "burden of proof" falls on enforcement to prove. For example, if we were to ask a driver after stopping them for texting and driving to see their phone and they told us no, the officer would only have two choices to further the case. Either secure the driver and phone for a search warrant to collect the evidence needed or get a court order to retrieve that persons texting information for that particular time and date. Both choices would cost taxpayers. An abundance of law enforcement time and taxpayer money for records retrieval. This all goes back to burden of proof."