Thedailymiaminews– In New York, police officers are not allowed to check your phone during a traffic stop unless they have a warrant or you give them permission. The Fourth Amendment of the U.S. Constitution guards against unreasonable searches and seizures, and this protection also applies to cell phones.
Important Information Regarding Phone Searches During Traffic Stops
- Warrant Requirement: Even if you have been arrested, the police usually require a warrant to check your phone. In the case of Riley v. California (2014), the United States Supreme Court decided that, in most situations, it is against the Constitution to search someone’s cell phone without a warrant when they are being arrested.
- Consent: The police can search your phone without a warrant if you give them permission to do so. That being said, you have the option to deny consent.
- Exceptions: In exceptional situations, authorities may be authorized to examine a phone without a warrant if there are “exigent circumstances,” such as an immediate threat to safety or the probable destruction of evidence.
Your Rights During a Traffic Stop
- You have the right to remain silent. This means that you do not have to answer queries regarding your destination, your activities, or your place of residence.
- Refusal of Consent: You have the right to refuse to allow a search of your person, automobile, or property, including your phone.
- Limited Scope: Even if the police have a good basis to stop you, they cannot search your car without having extra reasonable suspicion or probable cause that a crime has been committed.
- Probable Cause: Police officers must have a legitimate reason (probable cause) to stop you, such as seeing a traffic offense.
What to Do If Someone Asks You to Give Them Your Phone
- If someone asks for your phone number, politely refuse to give it to them.
- Make it clear that you do not provide permission for your phone or any other belongings to be searched.
- If a cop tries to grab your phone, do not physically resist them.
- If you are arrested, keep insisting on your right to remain silent and ask for a counsel.
Keep in mind that you have the right to defend your privacy and exercise your constitutional rights, even though you should always be respectful and cooperate with police authorities.
If you think that your rights were violated during a traffic stop, you should speak with a criminal defense lawyer who can help you understand what legal options you have.