Without a warrant or with your express cooperation, Missouri police generally cannot inspect your phone during a traffic stop. This protection has its origins in the Fourth Amendment of the United States Constitution and has been strengthened by the decision of the Supreme Court in the case of Riley v. California in 2014 as well as by the law of the state of Missouri.
Key Points on Police Phone Searches in Missouri
- Warrant Requirement: Even if you are detained or arrested during a traffic stop, the police are required to have a warrant in order to check the contents of your phone. As a result of a decision made by the Supreme Court, telephones are shielded from searches that do not require a warrant because they carry large amounts of personal information.
- Consent: A warrant is not required if you willingly give officers permission to search your phone, either by unlocking it or giving it to them. You have the right to refuse even if the police ask you to comply with their request; you are not obligated to do so.
- Exigent Circumstances: The police may search your phone without a warrant in extremely unusual and urgent circumstances, such as when there is an imminent threat to life, when there is a risk of evidence destruction, or when there is a kidnapping.
- Missouri Law: Amendment 9 (approved in 2014) and Article I, Section 15 of the Missouri Constitution both specifically prohibit electronic data from being subjected to excessive searches and seizures. This strengthens your legal rights under state law.
Missouri’s Hands-Free Law and Phone Confiscation
- Traffic Stops for Phone Use: Beginning in 2025, the hands-free statute in Missouri includes provisions that allow law enforcement officials to issue penalties to drivers who are observed using their phones while driving. However, law enforcement agents are not permitted to inspect your phone or force you to hand it over in order to verify a violation. The officer’s direct observation is the basis for enforcement; the search of your device is not a part of the process.
- Significant Accidents: If the incident involves significant injury or death, the police may confiscate your phone and ask for a warrant to examine its data in order to look for proof of phone use at the time of the incident.
How Should You Respond If You Are Asked?
- Politely refuse consent by saying, “I do not consent to a search of my phone,” if an officer asks to search it. Keep a level head and refrain from violently resisting.
- Do not unlock your phone because it could be considered as consent if you hand over an unlocked device or display content.
- Ask to see a warrant: If the cops claim they have the authority to search, you should ask to see the warrant and make sure that it details your phone and the information that is being sought.
- Consult a lawyer: In the event that you believe that your rights have been infringed, it is imperative that you get in touch with a criminal defense attorney as quickly as possible.
Table
| Situation | Can Police Search Your Phone? |
|---|---|
| Routine traffic stop | No, unless you consent or they have a warrant |
| You give consent | Yes |
| Exigent (emergency) circumstances | Yes, in rare cases |
| Hands-free law violation | No, based on observation only |
| Serious accident/injury | May seize and seek warrant |
During a traffic stop in the state of Missouri, the contents of your phone are protected and cannot be inspected without your permission or a proper warrant, with the exception of situations that are considered to be emergencies. Unless there is a more serious crime involved and the appropriate legal procedures are followed, law enforcement officers are not permitted to take down or check your phone for violations of hands-free law.
