Can Wisconsin officers search my phone during a traffic stop? This is what the law says

Wisconsin police generally cannot search your phone during a traffic stop without a warrant or your consent. Here’s what the law says about cell phone searches during traffic stops in Wisconsin:

Fourth Amendment Protections

Your cell phone is protected under the Fourth Amendment, which guards against unreasonable searches and seizures. This means:

• Police need a warrant or your consent to search your phone.
• You have the right to refuse a request to search your phone.
• Even if you’re arrested, police still need a warrant to search your phone.

Exceptions to Warrant Requirement

There are limited circumstances where police may search your phone without a warrant:

1. You give consent to the search.
2. An emergency situation where evidence may be destroyed.
3. Immediate danger to people.
4. Evidence is in plain view on the phone screen.

Your Rights During a Traffic Stop

During a Wisconsin traffic stop:

• You’re not obligated to unlock or hand over your phone to police.
• You can and should ask to see a search warrant if an officer requests to search your phone.
• You have the right to remain silent and not answer potentially self-incriminating questions.

Supreme Court Precedent

The U.S. Supreme Court’s 2014 decision in Riley v. California further strengthened protections for cell phones, requiring police to obtain a warrant before searching a phone, even after an arrest.

While Wisconsin police may ask to see your phone during a traffic stop, you have the right to refuse. Without a warrant, your consent, or exceptional circumstances, a cell phone search during a traffic stop would likely be considered illegal. If you’re concerned about a phone search during a traffic stop, it’s advisable to consult with a criminal defense attorney to ensure your rights are protected.

Sources

1. https://www.stangllaw.com/blog/legality-owi-traffic-stops-searches-wisconsin
2. https://coolidgelawfirmaz.com/can-the-police-search-through-my-phone/
3. https://eisenberglaw.org/can-police-search-your-cell-phone-search-and-seizure/
4. https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=2&Issue=4&ArticleID=5758
5. https://www.govtech.com/public-safety/can-police-search-your-phone-during-a-traffic-stop