Thedailymiaminews– Indiana law enforcement authorities normally cannot inspect your phone during a traffic stop without a warrant or your cooperation. The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures, which includes inspections of electronic devices such as smartphones.
Warrant Requirement
In most situations, police require a search warrant issued by a court to legitimately search your phone. This requirement arises from the 2014 U.S. Supreme Court judgment in Riley v. California, which found that warrantless searches of cell phones during arrests are unlawful.
Cases in Which a Warrant Is Not Required
The warrant requirement has a few exceptions:
- Consent: If you grant the police permission to search your phone of your own free will, they can do so without a warrant. However, you have the right to deny consent, and this refusal cannot be used as proof of guilt.
- Exigent Circumstances: In some rare emergency instances, police officers may be able to search a phone without a warrant if they feel that doing so is required to prevent imminent danger or destruction of evidence.
Your Rights During a Traffic Stop
When stopped by police in Indiana:
- You have the right to remain silent and not answer inquiries.
- You must provide your name, address, and date of birth or your driver’s license if stopped for an infraction or ordinance violation.
- You can decline consent to check your vehicle or phone.
- If you’re arrested, you have the right to consult with an attorney before consenting to any search (known as the Pirtle warning in Indiana).
Keeping Your Information Safe
To keep your personal information safe when you are pulled over:
- Do not voluntarily hand over your phone to the cops.
- If someone asks you to unlock your phone, you should refuse respectfully and explain that you do not provide permission for a search.
- Remember that authorities cannot force you to unlock your phone using biometric features like fingerprints or facial recognition without a particular warrant.
If you suspect your rights were violated during a traffic stop, it’s wise to consult with an Indiana criminal defense attorney who can analyze the specifics of your case.