Thedailymiaminews– According to recent court rulings and legal precedents in Kentucky, police officers in the state are generally not allowed to search your phone during a traffic stop unless they have a warrant or you give them permission to do so. The law states the following:
Protection Under the Fourth Amendment
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
The Kentucky Supreme Court ruled in 2022 that police must get a warrant before they can access real-time cell-site location information (CSLI) from someone’s phone. This ruling highlights the fact that cell phone data in Kentucky is protected by stringent privacy laws.
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.
- Probable Cause: If an officer has a reasonable belief that there is evidence of a crime on your phone, they may be able to take it, but they would still need a warrant to look through the information on it.
- 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
If you are stopped by the police in Kentucky:
- You do not have to provide permission for your phone or car to be searched.
- If an officer requests to search your phone, you have the right to refuse in a polite manner.
- You have the right to remain silent and not answer any questions except for those that need you to provide your license, registration, and insurance information.
Unlocking with Biometrics
If police have a warrant and probable suspicion that a person has committed a crime, a Kentucky court has ruled that they can force that person to unlock a device using biometric methods, such as facial recognition or a fingerprint.
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.
- If you are arrested, keep in mind that you have the right to stay silent and to ask for a lawyer.
If you think that your rights were violated during a traffic stop, it is a good idea to talk to a Kentucky criminal defense attorney who can go over the details of your case.