Take a quick trip on Interstate 85 between Charlotte and Durham to get to the Blue Ridge Mountains for the weekend. All of a sudden, bright lights show up in your rearview mirror.
As you stop, a North Carolina state trooper walks up to your car. Your heart is racing. The normal traffic stop goes as planned: you show your licence and registration and are asked about your trip.
The conversation then goes in a strange direction. The police officer wants to see your phone.
It can be scary in this situation. These days, our phones are like an extension of ourselves.
Text messages, emails, pictures, social media accounts, and browsing history are just a few of the things that are stored on them. It can be scary to think that a police officer could see all of that information.
So, can cops in North Carolina search your phone when they pull you over? Like a lot of legal problems, the answer is complicated. Things depend on the situation.
This blog post will talk about the laws in North Carolina that govern searching people’s phones during traffic stops. We will talk about your rights as a driver, the times when you do not need a search, and what to do if the police ask to see your phone.
Understanding Your Rights: The Fourth Amendment
The Fourth Amendment to the US Constitution is the key to knowing why police can search people’s phones during traffic stops.
This amendment saves people from searches and seizures that are not necessary by the police. It makes sure that the cops can not look through your stuff without a warrant or a good reason.
The idea of “probable cause” is very important. It means the police officer has to have a good reason to think that they can find proof of a crime on your phone. Maybe or guess is not enough. There needs to be solid proof to support the search.
The General Rule: Warrant Required for Phone Searches
Because of the important 2014 Supreme Court case Riley v. California, police in North Carolina usually can not check your phone while they have a warrant for it during a traffic stop.
A warrant is a court order from a judge that says it is okay to look for certain proof if there is a good reason to do so.
This rule protects the huge amounts of personal data that are kept on smartphones. No longer are our phones just places to keep our wallets and keys.
They are like computer calendars, filing cabinets, and meeting places. The Fourth Amendment shields this digital part of ourselves because it recognises this fact.
Exceptions to the Warrant Requirement
However, there are some situations where a warrant is not needed to check a person’s phone during a traffic stop. Most of the time, these ten happen:
Permission: The police can search your phone if you give them permission to do so. Remember that permission is the choice of the person. You do not have to agree to a check just because the police ask, and you should not feel like you have to.
Police can take your phone if they see proof of a crime on the screen while they have a legal reason to stop you. This is called the “plain view doctrine.” If your phone screen clearly shows a drug deal that is still going on or a violent text message, the police officer might have the right to take the phone. But this exception would not let them look through the rest of the things on your phone.
Search During Arrest: If you are arrested for a crime, the police officer may look through your phone and the area around you to find weapons or proof that is connected to the arrest. This is a limited search, so the police officer can not use it as a reason to look through your whole phone.
In rare cases, where someone is about to get hurt or proof is about to be destroyed, the police officer may search your phone without a warrant. This exception is only used in certain situations, and there has to be a clear danger for the search to be legal.
What to Do if an Officer Asks to See Your Phone
When you are pulled over in North Carolina and the cops ask to see your phone, you can do the following:
Be nice, but strict. You could say something nice like, “I do not feel comfortable letting you search my phone.”
Know what you can do. If the cop does not give up, you can let them know that you know you can refuse a search without a warrant.
Do not give out personal information. Do not let the police officer into your phone or give them your PIN.
Do not speak. There is a right to stay silent, and this includes not answering questions about what is on your phone.
If the police come after your phone, do not answer them. Before giving your permission for a search, you should ask to speak to a lawyer.
If You Believe Your Rights Were Violated
You may be able to question the search if you think a police officer looked through your phone during a traffic stop without a warrant or one of the other exceptions. You can do the following:
Talk to a lawyer: A criminal defence lawyer with a lot of knowledge can tell you about your legal rights and possible next steps. They can look at the facts of your case and decide if the officer’s actions went against your rights under the Fourth Amendment.
Motion to Suppress Evidence: The evidence that was found during the illegal phone search can be thrown out by your lawyer. This means the proof can not be used against you in court. If the judge agrees, any proof found on your phone would not be used in your case.
Important Considerations
It is important to keep in mind that the laws about searching people’s phones are always changing. Your rights can be affected by new court decisions and improvements in technology. Here are some more things to think about:
Take Action: Knowing your rights is important, but you should also take action to protect your privacy. You might want to protect your phone with strong passcodes and fingerprint or face recognition.
Data Encryption: Look into the different ways you can secure data on your phone. It might be harder for someone to get to the information on your phone, even if they have it in their hands.
Talk to an Attorney: If you are worried about certain scenarios or how you use your phone, talking to an attorney who specialises in digital privacy can help you understand more.
Conclusion
It is very important to know your rights when it comes to searches of your phone during North Carolina traffic stops. Because of the Fourth Amendment, your privacy is safe, and you can say no to a search without a request. Some things do not follow this rule, though.
