In Missouri, police officers are not permitted to search your cell phone during a traffic stop unless they have a warrant, you grant them permission, or there are exigent circumstances. The following is critical information about the law regarding cell phone searches during traffic stops in Missouri:
Rights under the Fourth Amendment
The Fourth Amendment to the United States Constitution protects persons from unreasonable searches and seizures, including data on cell phones. The United States Supreme Court strengthened this protection in the landmark decision Riley v. California (2014), which said that officials must obtain a warrant before inspecting a cell phone.
Phone Search at Traffic Stop in Missouri
Missouri statute is consistent with federal laws and provides additional safeguards:
- Missouri voters passed a constitutional amendment in 2014 that specifically protects electronic communications and data from unreasonable searches and seizures.
- According to this provision, police enforcement must acquire a warrant to access data on cell phones. Furthermore, they are not authorized to seize phones without a warrant or consent.
During a Traffic Stop
During normal traffic stops in Missouri, police officers cannot check your phone without a warrant or your permission.
- If a cop asks for your cell phone, you are not required to provide it to them.
- If someone asks you to examine your phone, respectfully deny and say, “I do not consent to a search of my phone.”
Warrant Requirement Exceptions
There are just a few circumstances in which police officers can search or seize a phone without a warrant:
- Exigent Circumstances: If there is an imminent threat to safety or a risk of evidence destruction, officers may conduct a warrantless search.
- Consent: If you grant permission for a search, the police can proceed without a warrant.
- Weapons Check: Officers may swiftly inspect a phone to ensure it does not contain a weapon, but they are not permitted to access any data.
Recommended Procedures:
In order to protect your rights during a traffic stop:
- Make sure your phone is locked and secured.
- Do not give the police your phone or unlock it for them until you are forced to.
- If you are asked, make it clear that you do not grant consent for any searches.
- If the authorities insist on inspecting your phone, ask to see a warrant.
Conclusion
Even if you believe the search is unlawful, do not physically resist it. Instead, keep a record of the occurrence and consult with a lawyer later.
Although law police in Missouri is not permitted to search your phone during a traffic stop, it is critical that you understand your rights and any exceptions that may exist.
If you believe your rights were violated during a traffic stop and mobile phone search, you should see a civil rights or criminal defense attorney.
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