KHN – The Fourth Amendment, which protects against unreasonable searches and seizures, is the primary law that governs whether police can inspect your phone during a traffic stop in Mississippi. The following is a summary of the laws and situations that are relevant:
Basic Guidelines for Searching Phones
- Warrant Requirement: In most cases, authorities are not allowed to search your phone without a warrant. Before a judge will issue a warrant, the police must demonstrate that there is a reasonable basis for believing that the device contains evidence of a crime.
This is consistent with the finding of the U.S. Supreme Court in Riley v. California, which stressed the fact that phones contain a large quantity of personal information and so need to be protected from searches.
- Consent: If you permit for law enforcement to search your phone, they can do so without a warrant. However, you are not required to give this consent, and you have the choice to refuse it.
- Incident to Arrest: If you are arrested, the police have the right to take your phone, but they cannot look at the information on it without a warrant. Just because someone is in custody does not mean that they have the authority to inspect your phone without additional legal justification.
Circumstances That Permit Searches
- Probable Cause: If the police have a reasonable belief that your phone has evidence of a crime, they can get a warrant to search it.
- Consent Searches: If you permit the authorities to search your phone, they can do so without a warrant.
- Emergency Situations: In exceptional circumstances where there is an immediate threat, such as the destruction of evidence, authorities may request that the warrant requirement be waived. However, this is a more complicated and less usual situation.
What to Do During a Traffic Stop
- Be aware of your rights: You have the right to stay silent and can refuse requests to search your person or property, including your phone.
- Be nice but assertive: If someone asks for your phone, you can decline to provide it to them while still delivering your driver’s license and registration, as necessary.
- Record the Encounter: If you think your rights were violated during the stop, you could want to videotape the exchange (which is permitted in Mississippi) or write down information to discuss with a lawyer later.
To summarize, police are normally required to get either a warrant or your agreement in order to check your phone, even if Mississippi law permits certain searches during traffic stops. Being aware of these rights can help you stay safe in situations like these.