I'm pretty sure that few people, if anyone, ever get arrested for actually doing something. We don't have to prove anything other than probable cause. Most folks are arrested, for example, for suspected driving under the influence. The prosecutors then get to decide, based on collected evidence, totality of circumstance, and collective testimonial statements, whether to press charges. They then work with other folks to collect and verify evidence, subpoena witnesses, records, etc... All that really needs to happen is an observation ie: driver was weaving left and right, tailgating, ran into a curb, appeared to be repeatedly fumbling with an object resembling a <cellular phone/crack pipe/handgun> etc... An arrest is then made for suspicion of driving under the influence (of drugs, alcohol, sleep deficit, etc...). The person can admit to it, submit themselves for testing, or refuse cooperation all together. At that point, statutes kick in. For example, refusing to take a breathalyzer after an arrest for suspicion of driving under the influence in Illinois is a mandatory forfeiture of ones license and driving privileges for a time. I'd imagine, depending on how the laws work in a locale, that refusing to provide usage records of one's phone, in a suspected "driving while texting" case, would bear the same sanctions. Of course, we'll be taking your phone during the whole process, as material evidence to be examined. Then again, what do I know.