In Ohio, police generally cannot search your phone during a traffic stop without a warrant. The Ohio Supreme Court has made it clear that the Fourth Amendment’s protection against unreasonable searches and seizures applies to cell phones. In State v. Smith, the court ruled that law enforcement officials must have a warrant to search the contents of a cell phone seized during an arrest, except in rare, specific situations. These exceptions are:
- If the search is necessary to protect the immediate safety of officers or others.
- If there is a risk that evidence on the phone may be destroyed, but even then, officers may only seize the phone to preserve evidence-not search it-until a warrant is obtained.
Distracted Driving and Consent
Ohio’s distracted driving law (texting while driving) does not give police the automatic right to search your phone. If you are pulled over for suspected texting while driving, officers must inform you that you have the right to refuse consent to a phone search. They cannot coerce, force, or improperly pressure you into granting permission.
- If you give clear, voluntary consent, police may search your phone. If you do not consent, they cannot search it without a warrant.
- If you do consent, be aware that a general “yes” allows officers broad access to your phone’s contents, unless you specifically limit the scope of your consent.
Table: Ohio Police Phone Searches During Traffic Stops
| Situation | Can Police Search Your Phone? | Notes |
|---|---|---|
| Routine traffic stop (no arrest, no consent) | No | Warrant required. |
| Arrest, no immediate safety or evidence risk | No | Warrant required. |
| Arrest, immediate safety concern or risk of evidence destruction | May seize, but not search without warrant | Can only search with warrant. |
| You give voluntary, unequivocal consent | Yes | Consent must not be coerced. |
| Suspected texting while driving | No, unless you consent | Officer must tell you that you can refuse. |
- Ohio police cannot search your phone during a traffic stop without your consent or a warrant, except in rare emergency situations.
- You have the right to refuse a phone search, and officers must inform you of this right if stopped for texting while driving.
- If you consent, police may search your phone as broadly as you allow.
If you believe your rights were violated during a traffic stop, consider seeking legal advice.
Sources
[1] https://www.ohiobar.org/globalassets/my-ohio-rights/docs-and-pdfs/when-stopped.pdf
[2] https://www.aclu.org/press-releases/ohio-supreme-court-decision-cell-phone-searches-protects-privacy-and-due-process
[3] https://www.courtnewsohio.gov/cases/2014/SCO/cellphonesCase_071514.asp
[4] https://codes.ohio.gov/ohio-revised-code/section-2921.29
[5] https://www.rittgers.com/blog/2024/09/does-ohios-distracted-driving-law-allow-police-officers-to-search-my-phone/
