You weren't the one that actively called them to you, they went to you; it's like the difference between getting a present you didn't know about in the mail and ordering online delivery (also, distracted driving isn't illegal in 3 states; maybe he lives in one of them)
From the police perspective, he's on his phone, cookie or not, he'll be charged, only if his phone is not in his car would he have a chance to get away with it.
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