- In North Carolina, police generally cannot search your phone during a traffic stop without a search warrant. This is based on both state law and the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures.
- The U.S. Supreme Court’s 2014 decision in Riley v. California established that law enforcement must obtain a warrant to access the contents of your phone, even if it is seized during an arrest.
Exceptions to the Warrant Requirement
- Consent:Â If you voluntarily give police permission to search your phone, they do not need a warrant. You are not required to consent, and you have the right to refuse.
- Exigent Circumstances:Â In rare, urgent situations-such as imminent danger, risk of evidence destruction, or escape-police may be able to search your phone without a warrant.
- Incident to Arrest:Â While police can search your person and immediate belongings after an arrest, they still need a warrant to access the digital contents of your phone.
- Plain View Doctrine:Â If evidence is in plain sight (for example, a phone screen displaying incriminating information while the officer is lawfully present), it may be seized, but accessing further contents still generally requires a warrant.
Unlocking Your Phone
- Police cannot force you to reveal your phone’s password or passcode under the Fifth Amendment, which protects against self-incrimination.
- The law is less clear regarding biometric unlocking (fingerprint or facial recognition). While police may not compel you to use these without a warrant, a court order could potentially require it.
Scope of Consent
- If you consent to a search, the scope of that consent matters. Courts have found that consent can extend to a thorough forensic search if not specifically limited or revoked.
Prolonging the Stop
- Officers cannot unreasonably prolong a traffic stop to investigate unrelated matters, such as asking to search your phone, unless they have reasonable suspicion of additional criminal activity.
What If Police Search Without a Warrant?
- If police search your phone without a warrant or a valid exception, any evidence they obtain may be suppressed in court, meaning it cannot be used against you.
Key Takeaways
- Police need a warrant to search your phone during a traffic stop in North Carolina, unless you give consent or an exception applies.
- You have the right to refuse consent to a phone search.
- Police cannot force you to provide your password; biometric unlocking is a legal gray area but may require a warrant or court order.
- Any illegal search may result in evidence being thrown out in court.
Always exercise your right to remain silent and politely decline consent if you do not wish for your phone to be searched.
Sources
[1] https://www.govtech.com/public-safety/can-police-search-your-phone-during-a-traffic-stop
[2] https://www.garrettandwalker.com/can-police-force-you-to-unlock-your-phone-in-nc/
[3] https://nccriminallaw.sog.unc.edu/can-i-take-a-look-at-your-phone/
[4] https://nccriminallaw.sog.unc.edu/wp-content/uploads/2014/01/2014-02-Traffic-Stops.pdf
[5] https://www.browninglonglaw.com/blog/warrant-and-warrantless-searches-in-north-carolina.cfm
