Recent legal judgments and constitutional rights limit Maryland police officers’ authority to search your phone during a traffic stop. You should know the following:
Phone Search Rules in Maryland
In general, authorities cannot seize or inspect your mobile device without a warrant. Even if you are brought into custody, law officials will require a warrant to access the data on your phone.
The Warrant Requirement Exclusions
In the significant exceptions listed below, police may be able to search your phone without a warrant.
- Consent: Police do not require a warrant to search your phone if you give them permission to do so. You are not, however, required to consent to a search.
- Exigent circumstances: If authorities believe that evidence is in imminent danger of being destroyed, they may seize a phone without a warrant.
Recent Court Ruling in Maryland
Maryland’s top court ruled in 2022 that search warrants for cellphones must be narrowly defined and comprehensive.
- This indicates that warrants must specify the data sought by police over the phone.
- It is no longer acceptable to conduct blanket searches on entire devices.
- Only material relevant to the specific criminal behavior under investigation may be discovered during searches.
Your Rights at a Traffic Stop
- If the police ask to search your phone during a traffic stop, you have the option to deny.
- You do not have to give your phone’s password.
- You can inquire about if you are facing criminal charges or if you are free to leave.
Important Takeaway
Police cannot view your phone’s contents without your permission or a formal warrant authorizing access, though they can confiscate it with the correct one. Recent Maryland judgments have bolstered the privacy protections for cellular data.
If you believe your rights were violated during a traffic stop, you should consult with a criminal defense lawyer to discuss the specifics of your case.
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