Ohio law provides strong protections for cell phone privacy during traffic stops. Here’s what you need to know about police searches of phones in Ohio:
Warrant Requirement
The Ohio Supreme Court ruled in 2009 that police generally need a warrant to search a cell phone seized during an arrest. This decision predated and aligned with the U.S. Supreme Court’s 2014 ruling establishing the same nationwide standard.
Consent Exception
The main exception to the warrant requirement is if you voluntarily consent to a search of your phone. However, you are not required to give consent, and can politely decline if asked.
Limited Scope Without Warrant
Without a warrant or consent, police can only search your phone if it’s necessary to protect officer safety or preserve evidence that could be immediately destroyed. Simply having the phone in your possession during a traffic stop does not justify a search.
New Distracted Driving Law
Ohio’s 2023 distracted driving law prohibits holding or using a phone while driving. However, this law does not grant police any new authority to search phones. In fact, it requires officers to inform drivers they can refuse consent to search their phone if stopped for texting while driving.
Your Rights During a Stop
When stopped by police in Ohio:
- You must provide basic information like your name and driver’s license if driving.
- You have the right to remain silent beyond providing basic info.
- You can politely refuse consent to search your vehicle or phone.
- You can ask if you’re free to leave.
Key Takeaway
While police can ask to search your phone during a traffic stop, in most cases they cannot legally do so without your consent or a warrant. Politely declining a search request is within your rights. If police conduct a warrantless search anyway, any evidence obtained may be inadmissible in court.
Remember to always be respectful when interacting with law enforcement, even while exercising your rights. If you believe your rights were violated during a stop, consult with an attorney about your options.
Sources:
- https://www.courtnewsohio.gov/cases/2014/SCO/cellphonesCase_071514.asp
- https://www.govtech.com/public-safety/can-police-search-your-phone-during-a-traffic-stop
- https://www.koffellaw.com/blog/ohio-supreme-court-ruled-on-cell-phone-searches/