Can Police in Massachusetts Search Your Phone During a Traffic Stop? There are state and federal constitutional rights concerning privacy and search and seizure involved when the police in Massachusetts ask, during a traffic stop if they can search your telephone.
The Fourth Amendment to the U.S. Constitution protects people from unreasonable searches as well as from seizures unjustly. Article 14 of the Massachusetts Declaration of Rights also protects people from action that is not fair besides unreasonable searches and seizures.
If you are stopped for speeding, there is some things that must be considered.
Fourth Amendment and the Riley Decision
The most important case law relating to phone searches is the United States Supreme Court’s ruling in Riley v. California (2014). In this important case, the Supreme Court said that cops must have a warrant to search a cell phone, even when someone is being arrested.
The reason for this choice is that modern smartphones hold a lot of personal information, which makes them different from things like wallets and bags that police might find during a search related to an arrest.
In Massachusetts, this means that police can not usually check your phone without a warrant, even if they arrest you during a traffic stop.
If you are pulled over for a minor infraction such as speeding or a broken tail light, the police cannot search your phone or its contents.
Exceptions to the Warrant Requirement
Even though Riley gives you many protections, there are times when police can properly search your phone without a warrant:
Permissible: the police can use search your telephone without a warrant with your consent. Keep in mind, however, this consent should be clear, and mostly, the cops cannot compel you to forfeit your phone if you so refuse.
Urgent Situations: Under very important circumstances, the police may be allowed to search your phone without obtaining an order. This is often termed as a “circumstance of urgency,” which arises when immediate action is required to prevent damage, destruction of evidence, or flight of a suspect.
For instance, if the police have reason to think that a crime is happening or is about to happen and that your phone has important proof on it, they may say that they do not need a warrant to search it.
“Plain View“: This means police can take and use any proof that is out in open sight during a legal stop. However, this law doesn’t apply to what your phone’s contents include.
The police cannot look into your texts, photos or applications just because they caught your phone in your automobile.
Traffic Stops and Probable Cause
The police may search your car during a traffic stop, but only if they have a good reason to think it has proof of a crime.
There is not enough evidence to search your phone in your car. If the cops want to search your phone because of something they saw during the stop, they will still need to get a warrant.
There are times when police may attempt to use what you did at a traffic stop as the reason to issue a warrant.
If someone sees you frantically deleting texts or attempting to hide your phone, this could lead them to believe you are up to no good and be used as proof in an affidavit to ask a judge for a search warrant.
Defending Your Rights
If the cops stop you in Massachusetts, know what rights you have concerning your phone.
The police cannot search your phone without a warrant unless you give them permission clearly or there is an emergency. It can help greatly to say that you have the right to privacy when saying it politely but definitely.
It is important to talk to a lawyer if you think it was wrong for the cops to search your phone without a warrant. The exclusionary rule says that any evidence gathered during an illegal search can be thrown out of court, which could help your case.
Conclusion
The Fourth Amendment further states that police cannot check your phone without a warrant during traffic stops in Massachusetts or anywhere else in the United States.
However, there would be times when it gets rather complicated. Some of this would be if an individual concurs, such as emergencies, or perhaps certain application of law doctrines.
While you are being pulled over by the police, knowing your rights and the limits of their power can help protect your privacy. If you feel your rights have been abused, you should always talk to a lawyer.
