Thedailymiaminews– In Washington, police officers are not allowed to check your phone during a traffic stop unless they have a warrant or you give them permission. In Washington, the law states the following on searching cell phones during traffic stops:
Protections Provided by the Constitution
Individuals are protected from unreasonable searches and seizures under the Fourth Amendment of the U.S. Constitution and Article I, Section 7 of the Washington State Constitution. These protections apply to cell phones and the information they contain.
Warrant Requirement
The usual rule is that police officers are not allowed to search or take your cell phone without a warrant. In the 2014 case of Riley v. California, the U.S. Supreme Court firmly established this principle. The court ruled that searching a person’s cell phone without a warrant during an arrest is unconstitutional.
Cases in Which a Warrant Is Not Required
There are a few specific situations in which police officers may be able to check your phone without a warrant:
- Consent: The police are allowed to check your phone if you grant them permission to do so of your own free will.
- Exigent Circumstances: In the event of a rare emergency circumstance where there is an immediate threat to safety or a risk of evidence being destroyed, police may perform a restricted search.
- Abandonment: If you leave your phone behind (for example, in a stolen car), you may lose your right to privacy regarding it.
Your Rights During a Traffic Stop
If police ask to search your phone during a traffic stop:
- You can say no to the search if you want to. Say in a polite but strong manner, “I do not give you permission to search my phone.”
- You do not have to unlock your phone or give any passwords.
- Without a warrant, the police cannot compel you to unlock your phone using biometric capabilities such as facial recognition or fingerprints.
- Stay cool and do not physically resist, even if you think the search is against the law.
What the Police Are Capable of Doing
The police can do the following during a traffic stop:
- Please show me your driver’s license, registration, and insurance details.
- You have the right to remain silent beyond providing basic identifying information, but you can still be asked questions.
- If they arrest you, they can take your phone for a short time, but they still need a warrant to look through it.
In the Event That Your Rights Are Violated
If you think that the police have searched your phone without a warrant:
- Do not try to stop or fight the authorities.
- Remember the names and badge numbers of the police, as well as the names of any witnesses.
- Submit a formal complaint to the internal affairs branch of the police department.
- If any evidence from the phone is utilized against you, it is very important to consult with a criminal defense attorney.
Keep in mind that even while you have the right to oppose a search, it is important to stay cool and respectful when dealing with law enforcement. If the police search you even though you said no, you can contest the legality of that search in court at a later time.