Thedailymiaminews– During a traffic stop in Arizona, police are not allowed to inspect your phone without a warrant or your permission. The following information will help you understand your rights in Arizona with regard to cell phone searches during traffic stops:
Protection under the Fourth Amendment
You are protected from arbitrary searches and seizures, including cell phone searches, by the Fourth Amendment of the US Constitution. In Riley v. California, decided in 2014, the U.S. Supreme Court held that even when a cell phone is taken after an arrest, authorities must often obtain a warrant before searching it.
The necessity for a warrant
Unless you consent, police cannot inspect your phone during a traffic stop without a warrant. A judge must sign the warrant, which details what can be looked up on your phone.
The Right to Refuse
You are free to object to a search of your phone without a warrant. You can respectfully refuse an officer’s request to search your phone by stating, “I do not consent to a search.”
Most Likely Cause
During a traffic stop, police must have probable cause to search your car, but they do not need it to search your phone. Authority to check your phone is not always granted by probable cause for a vehicle search.
Taking the Phone
Police may be able to temporarily confiscate your phone if they have reasonable suspicion that it contains evidence of a crime, even if they cannot search it without a warrant. To search its contents, they still require a warrant, though.
Exclusions
In certain uncommon circumstances, such as emergency scenarios, authorities may be permitted to check your phone without a warrant. These exclusions are restricted, though, and usually do not extend to regular traffic stops.
Defending Your Rights
If, during a traffic stop, authorities want to search your phone without a warrant:
- Declare unequivocally that you oppose the search.
- If the police goes forward anyhow, don’t try to stop them physically.
- Note the officer’s behavior in case it comes up in court.
- If your phone is searched without your permission or a warrant, get in touch with a lawyer right once.
Even if you have the right to object to a phone search, it’s crucial to show decency and follow all other legal directives when being pulled over. Speak with an attorney who can defend your rights if you think they have been infringed.