Can Missouri Police Search My Phone During a Traffic Stop? Here's What the Law Says

In Missouri, police generally cannot search your phone during a traffic stop without a warrant, your consent, or exigent circumstances. Here’s what the law says:

Legal Framework

Fourth Amendment Protections: The Fourth Amendment protects against unreasonable searches and seizures, including cell phone searches. The Supreme Court’s decision in Riley v. California (2014) emphasizes that a warrant is typically required to search a phone.
Missouri Constitution: Article I, Section 15 of the Missouri Constitution reinforces these protections against unreasonable searches and seizures.

Conditions for Phone Searches

Warrant Requirement: Police need a warrant to search your phone unless you give consent or there are exigent circumstances.
Exigent Circumstances: These include emergencies where evidence might be destroyed or someone is in danger. Police must have legitimate reasons for such searches.
Consent: If you consent to a search, anything found can be used against you. It’s advisable to politely refuse consent if asked.

Traffic Stops

Hands-Free Law Enforcement: While Missouri’s hands-free law allows officers to issue citations for phone use while driving, they cannot seize your phone solely for this violation. Enforcement relies on visual confirmation of the infraction.
No Compulsion to Hand Over Phone: You are not required to give your phone to police during a traffic stop unless they have a warrant or your consent.

Missouri police cannot search your phone during a traffic stop without meeting specific legal conditions. If asked, you can refuse to hand over your phone unless a warrant is presented.