Indiana law enforcement officers cannot generally search your phone during a traffic stop unless they have a warrant or your assistance. The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures, including inspections of electronic devices like cell phones.
Warrant requirement
To lawfully search your phone, authorities often require a court-issued search warrant. This rule stems from the 2014 United States Supreme Court decision in Riley v. California, which determined that warrantless searches of cell phones during arrests are illegal.
Cases Where a Warrant Isn’t Required
There are several exceptions to the warrant requirement:
- Consent: If you freely allow the police permission to search your phone, they can do so without a warrant. However, you have the freedom to refuse consent, and your refusal cannot be used as evidence of guilt.
- Exigent circumstances: In exceptional cases, police officers may be permitted to examine a phone without a warrant if they believe it is necessary to avoid imminent risk or the destruction of evidence.
Your Rights during a Traffic Stop
Wen stopped by officers in Indiana at a traffic stop, you have the following rights:
- You have the right to remain silent and not respond to queries.
- If you are stopped for an infraction or ordinance violation, you must provide your name, address, and date of birth, as well as your driver’s license.
- You have the option of declining to have your vehicle or phone checked.
- If you are arrested, you have the right to speak with an attorney before consenting to a search (known as the Pirtle warning in Indiana).
Keeping Your Information Secure
To protect your personal information when you’re pulled over:
- Do not voluntarily surrender your phone to the cops.
- If someone asks you to unlock your phone, you should politely decline and explain that you do not give consent for a search.
- Remember that police cannot force you to unlock your phone using biometric features such as fingerprints or facial recognition without a specific warrant.
- If you believe your rights were violated during a traffic stop, you should consult with an Indiana criminal defense attorney who can examine the facts of your case.
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