Maryland law enforcement’s ability to search your phone during a traffic stop is limited by both state and federal court rulings. Here’s what you need to know about your rights:
General Rule
Police cannot search your phone during a routine traffic stop without either:
- Your consent
- A valid search warrant
- Specific exigent circumstances
Legal Basis
The 2014 U.S. Supreme Court decision in Riley v. California established that police generally need a warrant to search cell phones, even when making an arrest. This ruling applies to traffic stops as well.
Maryland-Specific Protections
In 2022, the Maryland Court of Appeals (now the Supreme Court of Maryland) further strengthened privacy protections for cell phones in Richardson v. State. This ruling requires search warrants for cell phones to be highly specific, limiting searches to information relevant to the investigation.
Your Rights During a Traffic Stop
- You are not required to consent to a search of your phone.
- You can refuse to provide your passcode or unlock your device.
- Police may seize your phone if they have probable cause to believe it contains evidence of a crime, but they still need a warrant to search its contents.
Exceptions
Police may be able to search your phone without a warrant in very limited circumstances:
- If they have reason to believe evidence is at imminent risk of destruction.
- In true emergencies, such as locating a kidnapping victim.
Best Practices
If asked to search your phone during a traffic stop:
- Politely decline the request.
- State clearly: “I do not consent to a search of my phone or any of my property.”
- Ask if you are free to leave or if you are being detained.
- If detained, invoke your right to remain silent and request an attorney.
Remember, while you should always be respectful, you are not obligated to assist police in searching your phone or other property. If you believe your rights were violated during a traffic stop, consult with a Maryland criminal defense attorney as soon as possible.
Sources:
- https://www.carolinenormanfrost.com/blog/2022/09/cellphone-confiscated-by-the-police/
- https://www.careylawoffice.com/2022/09/26/maryland-court-rules-authorities-must-limit-cellphone-searches/
- https://www.houlonberman.com/blog/supreme-court-ruling-cell-phones-searched-without-warrant/
- https://jamescrawfordlaw.com/insights/blog/criminal-defense/when-can-police-search-your-phone-in-maryland
- https://www.rossalbers.com/blog/2023/march/did-the-police-have-the-right-to-stop-and-search/
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