Maryland police cannot search your phone during a traffic stop without meeting specific legal requirements. Here’s what the law says:
When Police Can Search Your Phone
- With Your Consent: If you voluntarily allow police to search your phone, they can do so without a warrant. However, you are not obligated to provide consent or unlock your phone.
- With a Warrant: Police must have a valid search warrant to access the contents of your phone. Maryland courts emphasize that warrants must be specific, limiting searches to information relevant to the investigation.
- Incident to Arrest: If you are arrested, police can seize your phone but cannot search its contents without a warrant. This protection stems from the Supreme Court’s ruling in Riley v. California.
- Imminent Risk of Evidence Destruction: In rare circumstances, if law enforcement reasonably believes evidence on your phone is at immediate risk of being destroyed, they may seize and search the device without a warrant.
What Police Cannot Do
- Force Unlocking: Under current Supreme Court precedent, police cannot compel you to unlock your phone using biometric methods like fingerprints or facial recognition unless specifically authorized by a warrant.
- Search Without Probable Cause: Officers must have probable cause or meet one of the exceptions above to justify searching your phone during a traffic stop.
How to Protect Your Rights
- Refuse Consent: You are not required to allow police access to your phone or provide passwords.
- Ask for Legal Representation: If police request to search your phone, consult an attorney before complying.
- Stay Calm and Respectful: While asserting your rights, maintain a polite demeanor.
In Maryland, the Fourth Amendment protects individuals from unreasonable searches and seizures, ensuring that police cannot freely access personal devices during routine traffic stops without proper legal justification.
Sources
- https://www.marylandcriminallawyer-blog.com/what-is-and-is-not-proper-justification-for-a-maryland-traffic-stop-based-on-a-drivers-use-of-cell-phone-while-driving/
- https://www.govtech.com/public-safety/can-police-search-your-phone-during-a-traffic-stop
- https://www.careylawoffice.com/2022/09/26/maryland-court-rules-authorities-must-limit-cellphone-searches/
- https://www.mooneyesq.com/blog/2023/08/2-types-of-searches-police-may-perform-during-a-traffic-stop/
- https://jamescrawfordlaw.com/insights/blog/criminal-defense/when-can-police-search-your-phone-in-maryland