"The telcos wouldn't know if you were writing a text message or email but hadn't yet sent it. Or if you were reading a message you'd received earlier."
I'm not sure that a road-side analysis of the phone would reveal that either. I'm not even sure a lab-analysis of the phone would reveal that - I'd be surprised if it logs when a text was read for the first time, let alone a subsequent time. Or when a text/email started to be composed.
Either way, in my view it's an illegal search/seizure and would be protected by the constitution (in the US anyway).