Thedailymiaminews– In Tennessee, police officers are not allowed to inspect your phone during a traffic stop unless they have a warrant. This protection comes from the historic 2014 U.S. Supreme Court ruling in Riley v. California, which ruled that law police must acquire a warrant before accessing the contents of a cell phone, even during an arrest.
Important Information Regarding Phone Searches During Traffic Stops
Warrant Requirement: In most cases, police officers must have a warrant in order to search your phone. The Supreme Court acknowledged that modern smartphones include a significant amount of personal information that requires a higher level of privacy protection.
Warrant Requirement Exceptions:
- Consent: If you grant consent of your own free will, the authorities can inspect your phone without a warrant.
- Exigent Circumstances: In unusual emergency situations where quick action is required to avert harm or the loss of evidence, authorities may be able to justify a search without a warrant.
Your Rights During a Traffic Stop
You have the right to refuse consent. If an officer requests to search your phone, you can gently say no.
Do not say anything: You do not have to answer inquiries regarding your phone or give your passcode.
Inquire about a warrant: whether the cops are adamant about searching your phone, ask them whether they have a warrant.
What to Do If Someone Asks for Your Phone
- Keep your composure and be polite.
- Say clearly, “I do not give permission for my phone to be searched.”
- Do not try to remove anything or block the officer’s view of your phone.
Legal Protections Available in Tennessee
The laws of Tennessee are in agreement with federal protections. Law enforcement must acquire a warrant to access location information from electronic devices, with a few exceptions for emergencies, as required by the state.
In the Event That Your Rights Are Violated
If the police check your phone without a warrant or your permission during a traffic stop, whatever evidence they find may not be allowed in court according to the exclusionary rule. It is important to record the occurrence and to speak with a criminal defense lawyer who can assist you in safeguarding your rights.
Keep in mind that, even though your phone has robust privacy protections, it is always important to communicate with law officials respectfully during traffic stops. If you think that your rights have been violated, the best time to deal with this is later, with the help of a lawyer.