Most people will be pulled over for a traffic stop at some point in their lives. As a result, it is essential for everyone to know what their rights are. You are protected from unlawful search and seizure by the Constitution of the United States. Many people only think of this right when it comes to serious criminal charges such as domestic violence or drug crimes. However, you have rights at all times – not just when suspected of a serious crime.

Today at Law Office of Michael L. Fell we are going to discuss your rights regarding having your phone searched if you are pulled over for a traffic stop. Read on to learn about them and then contact us at (949) 585-9055 if you need a free legal consultation with a criminal defense attorney.

The Police Need One of Two Things to Search Your Cell Phone

Put simply, the police either need a search warrant issued by a judge or they need your consent. Absent either of these, they do not have the legal right to search your phone. The police officer may act as though refusing to allow them to use your phone is a sign that you are guilty of something but this is not true – it is your right. Polite refuse and let them know that you will hand over your phone if they have a warrant that requires you to do so.

What’s the Big Deal?

Many people may believe that if they did not do anything wrong, there is no reason not to hand over their cell phone. Once again, this is false. As our phones continue to contain more and more personal information, you are not just sharing your phone. You are sharing your email, your search history, your pictures, videos, everything in your social media – the list goes on. If you consent to allow them to search your phone, they can use any information they find against you.

You Are Protected by a 2014 Ruling by the Supreme Court

As the technology we all carry on a daily basis has changed, so has the law. In 2014 the Supreme Court ruled that law enforcement cannot search your phone if they do not have your consent or if a search warrant has not been issued. Note that you also have a right to refuse your car. The same rules apply: The police either need your consent or a warrant. There are a few exceptions but in most cases, this holds true.

What to Do if You Are Pulled Over

Remain calm. Give the officer your license and registration. Follow their orders. Even if they are rude, intimidating, or aggressive – follow their instructions and remain calm. If they ask to search your vehicle or your phone, refuse – even if you have nothing to hide. They do not have the right to search and there is no good that can come from them doing so. If you have legal questions, contact Law Office of Michael L. Fell at (949) 585-9055.