Thedailymiaminews– In Missouri, police officers are not allowed to check your cell phone during a traffic stop unless they have a warrant, you give them permission, or there are certain urgent situations. The following is important information about the law concerning cell phone searches during traffic stops in Missouri:
Protections Under the Fourth Amendment
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, which includes the data on cell phones. The U.S. Supreme Court strengthened this protection in the landmark decision Riley v. California (2014), which declared that authorities must acquire a warrant before searching a cell phone.
The laws of the state of Missouri
Missouri legislation is in accordance with federal laws and offers other safeguards:
- In 2014, the citizens of Missouri enacted an amendment to the state constitution that specifically protects electronic communications and data from unreasonable searches and seizures.
- According to this amendment, law enforcement is required to obtain a warrant in order to access data on cell phones. Additionally, they are not allowed to seize phones without a warrant or consent.
During a Traffic Stop
In Missouri, during a routine traffic stop:
- Without a warrant or your permission, police officers are not allowed to search your phone.
- If a cop asks for your cell phone, you are not obligated to provide it to them.
- If someone asks you to search your phone, you can politely decline by saying, “I do not consent to a search of my phone.”
Warrant Requirement Exceptions
There are just a few situations in which police officers are allowed to search or take a phone without a warrant:
- Exigent Circumstances: If there is an imminent threat to safety or a risk of evidence being destroyed, the police may search without a warrant.
- Consent: If you give your permission for a search, the police can go forward without a warrant.
- Weapons Check: Officers may quickly look at a phone to make sure it is not hiding a weapon, but they are not allowed to read any data.
Recommended Procedures
In order to safeguard your rights during a traffic stop:
- Make sure your phone is locked and secure.
- Do not give your phone to the police or unlock it for them until you are forced to do so.
- If you are asked, make it clear that you do not give permission for any searches.
- If the authorities are adamant on searching your phone, request to see a warrant.
- Even if you think the search is unlawful, do not physically fight it. Instead, make a record of the incident and speak with a lawyer afterward.
Although law enforcement in Missouri is not allowed to search your phone during a traffic stop, it is important to know your rights and the exceptions that may apply.
If you think that your rights were violated during a traffic stop where your cell phone was searched, you might want to talk to a lawyer who specializes in civil rights or criminal defense.