I'm not sure of the legal ruling but my officers would always check the cell phone to see if it had been in use when the accident occurred. I think they are allowed to do that since it falls under the investigation of the accident but they couldn't contact anyone or do anything with any other information they saw, just if it had been in use at the time of the accident.
If it was on the ground, it's abandoned property. No warrant needed. If it was in the car it *might* be usable as evidence without a warrant during the course of the investigation if that was the possible cause of the accident.
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