Can the Police Search My Cell Phone After a Traffic Stop?

By San Diego Attorney on January 15, 2016

Your Rights After Being Pulled Over

At some point in your life, you will probably be pulled over in a traffic stop if you drive. Do you know what your rights are? After being pulled over for a traffic stop, it is crucial that you know your rights! You are protected from unlawful searches and seizures in such instances. If a police officer asks to see your phone, you need to be aware of your legal rights.

Law enforcement must have one of the following:

• Your consent
• A judge-issued warrant

Why You Need to Protect Your Phone

As technology continues to develop, cell phones have become more than just a tool for communication—they store nearly just as much personal and private information as someone’s home does. For this reason, police officers cannot simply search your phone without your explicit permission or permission granted through a warrant. In 2014, the Supreme Court ruled that law enforcement agencies are not allowed to search an individual’s cell phone without an official warrant issued by a judge or the consent of the individual.

What does this mean for you? If any information is obtained illegally from your phone, prosecutors cannot use any of this evidence in court to build a case against you. This is protection provided by the Fourth Amendment, ensuring you have a fair trial.

Don’t forget—you have the right to refuse a search of your cell phone or vehicle whenever being pulled over in a traffic stop.

What to Do in a Traffic Stop

When you are pulled over by law enforcement, it is important to remain calm, hand over you license and registration, and then keep your hands on the steering wheel. Even if police officers are intimidating or aggressive, remain polite.

If an officer asks to search your cell phone, you may refuse. If you consent to one, the police can search your phone without a warrant and use any obtained evidence against you. That is why it is very crucial to exercise your rights to protect your private information. When you don’t consent to a search, police will have to drop the matter or obtain a warrant, which usually isn’t granted unless the officer has substantial reason to request it.

Protect your privacy by knowing your rights and exercising them. For more information, contact JD Law today to speak with a San Diego criminal defense attorney.