In Wisconsin, police officers cannot check your cell phone during a traffic stop unless they have a warrant or you give them permission to do so. The Fourth Amendment prohibits arbitrary searches and seizures, and this protection applies to digital devices because they include a large amount of personal information. The following is a compilation of the most fundamental legal principles.
Rights under the Fourth Amendment
According to constitutional law, cell phones are extensions of a person’s right to privacy. The US Supreme Court has ruled that accessing someone’s cell phone without a warrant is illegal, save in extremely restricted circumstances. Even if you are arrested during a traffic stop, the police cannot search your phone without a warrant.
Exceptions of a Warrant
- Consent: If you offer officers permission to search your phone voluntarily.
- Exigent circumstances: Immediate threat to safety or the imminent loss of evidence (for example, a text message about an ongoing crime).
- Plain View Doctrine: If evidence of a crime is easily apparent on your phone without having to unlock it.
Your Rights. During a Traffic Stop
- Decline consent: You do not have to approve a phone search. Say, “I do not give my permission for a search,” in a respectful tone.
- Warrant: Officers must acquire a warrant before accessing the data on your phone, unless an exemption applies.
- Do not say anything: You are not required to answer questions about your phone or what is on it other than to provide identification.
Wisconsin’s legal precedents
The Wisconsin Supreme Court found in State v. Carroll (2010) that evidence gathered during an illegal phone search could not be utilized, but the conviction was upheld since there was independent probable cause. This stresses that, while evidence taken via a phone may be considered inadmissible if obtained illegally, other evidence obtained legitimately can still be utilized.
When making an arrest, police have the authority to seize a phone for a short period of time, but they cannot examine the information on the phone unless they have further legal grounds to do so.
What to do at Traffic Stop?
- Maintain your composure and be courteous.
- Inquire if you can go. If you are not, inquire whether you are being arrested.
- If someone asks you to unlock or hand over your phone, say no again.
- If the authorities search or seize your phone, contact a lawyer immediately.
Even if authorities try to compel you into cooperating, it is critical that you assert your rights in order to maintain your legal defense. Any evidence discovered during a warrantless search may not be admissible in court. If possible, always document the encounter and then consult with a lawyer later.
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