According to recent court rulings and legal precedents in Kentucky, police officers are generally prohibited from searching your phone during a traffic stop unless they have a warrant or you grant them permission to do so. The law states as follows:
Protection under the Fourth Amendment.
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
The Kentucky Supreme Court ruled in 2022 that police must obtain a warrant before accessing real-time cell-site location information (CSLI) from someone’s phone. This decision emphasizes that cell phone data in Kentucky is protected by strict privacy regulations.
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.
- Probable Cause: If an officer has a reasonable opinion that there is evidence of a crime on your phone, they may be able to remove it, but they will still require a warrant to search the contents.
- 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
- If stopped by police in Kentucky, you are not need to provide consent for your phone or automobile to be searched.
- If an officer wants a search of your phone, you have the right to politely reject.
- You have the right to remain silent and not answer any questions, with the exception of those that require you to supply your license, registration, and insurance information.
Unlocking with Biometrics
If police obtain a warrant and a reasonable suspicion that a person has committed a crime, a Kentucky court has ruled that they can force that individual to unlock a device using biometric technologies such as facial recognition or fingerprints.
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.
- If you are arrested, remember that you have the right to remain silent and seek for counsel.
If you believe your rights were violated during a traffic stop, you should speak with a Kentucky criminal defense attorney who can discuss the specifics of your case.
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