Thedailymiaminews– Recent judicial decisions and constitutional rights restrict Maryland police officers’ ability to check your phone during a traffic stop. What you should know is as follows:
Generally speaking, a warrant is necessary.
Generally speaking, without a warrant, police cannot confiscate or inspect your mobile. This is true even if you are taken into custody; law enforcement still needs a warrant in order to access the data on your phone.
The Warrant Requirement’s Exclusions
Police may be able to inspect your phone without a warrant in the following significant exceptions:
- Consent: Police do not need a warrant to search your phone if you willingly provide them permission to do so. You do not, however, have to agree to a search.
- Exigent Circumstances: If police have a good reason to think that evidence is in imminent danger of being destroyed, they may confiscate a phone without a warrant.
A recent court decision in Maryland
The top court in Maryland decided in 2022 that search warrants for cellphones must be narrowly defined and detailed.
This implies:
- Warrants must specify precisely what data police are seeking over the phone.
- It is no longer permitted to conduct blanket searches of entire devices.
- Only material pertinent to the particular illegal action under investigation may be found during searches.
During a Traffic Stop, Your Rights
If, during a traffic stop, police ask to search your phone:
- You are free to decline permission for a search.
- You don’t have to give the password to your phone.
- You can inquire as to whether you are facing criminal charges or if you are allowed to depart.
Important Takeaway
Police cannot inspect your phone’s contents without your permission or a warrant that expressly permits access, even though they can confiscate it with the right one. The privacy protections for cellular data have been further reinforced by recent Maryland cases.
It’s wise to speak with a criminal defense lawyer who can go over the details of your case if you think your rights were infringed upon during a traffic stop.