Your Rights After Being Pulled Over
At some point in your life, you will probably be pulled over in a traffic
stop if you drive. Do you know what your rights are? After being pulled
over for a traffic stop, it is crucial that you know your rights! You
are protected from unlawful searches and seizures in such instances. If
a police officer asks to see your phone, you need to be aware of your
Law enforcement must have one of the following:
- Your consent
- A judge-issued warrant
Why You Need to Protect Your Phone
As technology continues to develop, cell phones have become more than just
a tool for communication—they store nearly just as much personal
and private information as someone’s home does. For this reason,
police officers cannot simply search your phone without your explicit
permission or permission granted through a warrant. In 2014, the Supreme
Court ruled that law enforcement agencies are not allowed to search an
cell phone without an official warrant issued by a judge or the consent of the individual.
What does this mean for you? If any information is obtained illegally from
your phone, prosecutors cannot use any of this evidence in court to build
a case against you. This is protection provided by the Fourth Amendment,
ensuring you have a fair trial.
Don’t forget—you have the right to refuse a search of your
cell phone or vehicle whenever being pulled over in a traffic stop.
What to Do in a Traffic Stop
When you are pulled over by law enforcement, it is important to remain
calm, hand over you license and registration, and then keep your hands
on the steering wheel. Even if police officers are intimidating or aggressive,
If an officer asks to search your cell phone, you may refuse. If you consent
to one, the police can search your phone without a warrant and use any
obtained evidence against you. That is why it is very crucial to exercise
your rights to protect your private information. When you don't consent
to a search, police will have to drop the matter or obtain a warrant,
which usually isn't granted unless the officer has substantial reason
to request it.
Protect your privacy by knowing your rights and exercising them. For more
contact JD Law today to speak with a
San Diego criminal defense attorney.