During traffic stops, Ohio law offers substantial protections for the privacy of cell phone users. The following information is important for you to understand regarding police searches of phones in Ohio:
Warrant Requirement
In 2009, the Ohio Supreme Court decided that police officers usually require a warrant in order to search a cell phone that they have taken from someone who was arrested. This decision came before and was in agreement with the ruling made by the U.S. Supreme Court in 2014, which established the same countrywide norm.
Exception to Consent
The primary situation in which a warrant is not required is when you provide your permission for your phone to be searched. However, you are not obligated to provide your consent, and you can politely refuse if you are asked.
Narrow Scope Without a Warrant
The police can only search your phone without a warrant or your agreement if it is necessary to protect officer safety or preserve evidence that could be promptly destroyed. If you are pulled over for a traffic violation, the mere fact that you have a phone with you does not give the police the right to search you.
New Distracted Driving Law
According to Ohio’s distracted driving statute, which was passed in 2023, it is illegal to hold or use a phone while driving. Nevertheless, this law does not provide police any further power to search people’s phones. It compels authorities to tell drivers that they have the right to refuse to allow their phones to be searched if they are stopped for texting while driving.
Your Rights When Stopped
If you are stopped by the police in Ohio:
- If you are driving, you need to give basic information such as your name and driver’s license.
- You have the right to remain silent except when providing essential information.
- You have the right to refuse to allow your vehicle or phone to be searched politely.
- You may inquire whether you are allowed to go.
Main Point
Police officers are allowed to request to examine your phone during a traffic stop, but in most situations, they are not permitted to do so without your permission or a warrant. You have the right to politely refuse a request to search. If the police go ahead and search without a warrant, any evidence they find may not be allowed in court.
Always remember to be civil when dealing with law enforcement, especially when you are exercising your rights. If you think that your rights were violated during a stop, talk to a lawyer about what you can do.
