Can Louisiana Police Search Your Phone During a Traffic Stop?

It's an unfortunate fact that far too many crashes and moving violations happen because of cell phones. That being said, can a Louisiana police officer check your phone during a traffic stop or at the scene of a crash if they suspect the cause is because you were on your phone?

Can Louisiana Police Search Your Phone During a Traffic Stop?

When police make a traffic stop, they have a very short amount of time to access the situation and gather as much information as possible.

Whether or not a police officer has the right to search your phone at the scene of a crash or during a traffic stop has to do the 4th Amendment of United States Constitution.

The Fourth Amendment protects Americans from unreasonable and unlawful search and seizure.

This applies to physical searches and searches of electronic devices, including cell phones.

Police officers need a warrant to search your phone, but there are definitely some exceptions.

According to wagswoofs.com, there are four reasons and situations in which an officer can legally search your phone.

From wagswoofs.com -

1) Probable Cause: If the officer has probable cause to believe that your phone contains evidence of a crime, they can search it without a warrant. Probable cause is defined as a reasonable belief, based on facts and circumstances, that a crime has been committed or that evidence of a crime will be found.

2) Plain View: If the officer sees incriminating evidence on your phone screen in plain view, they can seize it without a warrant. Plain view doctrine allows officers to seize evidence that is readily apparent and incriminating without a warrant.

3) Consent: If you consent to the search, the officer can search your phone without a warrant. However, it is important to note that you have the right to refuse consent.

4) Incident to Arrest: If the officer arrests you, they can search your phone, as well as your person and immediate surroundings, for evidence related to the arrest. This is known as a search incident to arrest.

Can Police Search My Phone Without A Warrant?

The short answer is, yes. However it all depends on the situation.

There are two reasons that a police officer can search your phone without a warrant.

Situations where an officer believes there is danger to the public, or that vital evidence is in danger of being destroyed are exceptions to the warrant requirement.

From wagswoofs.com -

1) Exigent Circumstances: If the officer reasonably believes that there is an emergency or exigent circumstance that requires immediate action, they can search your phone without a warrant. This could include situations where there is an imminent threat to public safety or where evidence is in danger of being destroyed.

2) Inventory Search: If the officer impounds your vehicle, they may conduct an inventory search of your belongings, including your phone. This is done to protect the property from theft or damage.

The fact is that Louisiana law with regards to cell phones and traffic stops is complicated, and these laws are constantly evolving.

Don't text and drive. Don't use your phone to post or read social media while you drive. Eliminate any question or doubt as much as you can and just concentrate on driving.

Also know that, if you are unfortunately involved in a crash and it winds up going to court, your cell phone records will almost certainly be subpoenaed to prove whether or not you were on your phone at the time of the crash or traffic stop.

Stay safe, and read more at wagswoofs.com.