Wyoming police generally cannot search your phone during a traffic stop without a warrant or your consent. Here’s what the law says:
Supreme Court Ruling
In 2014, the U.S. Supreme Court ruled in Riley v. California that police need a warrant to search cell phones, even during an arrest. This ruling applies nationwide, including in Wyoming.
Warrant Requirement
Police must obtain a warrant from a judge to search your phone, unless you give consent. The warrant must be based on probable cause that your phone contains evidence of a crime.
Exceptions
There are a few key exceptions to the warrant requirement:
- Consent: If you voluntarily agree to let police search your phone, they can do so without a warrant.
- Emergencies: In true emergencies, police may be able to search a phone without a warrant.
Your Rights During a Traffic Stop
- You have the right to refuse consent to search your phone or vehicle.
- Clearly state “I do not consent to a search” if asked.
- Police cannot use your refusal as probable cause to search anyway.
- You are not required to unlock your phone or provide passwords.
Best Practices
- Do not consent to phone searches during traffic stops.
- Do not lie about your identity or provide fake documents.
- Remain calm and do not resist if arrested, even if you believe it’s unfair.
- Ask for a lawyer if arrested and exercise your right to remain silent.
Wyoming police need a warrant or your consent to search your phone during a traffic stop. You have the right to refuse consent, and should clearly state your refusal if asked. By knowing and asserting your rights, you can protect your privacy during police encounters.
Sources
- https://www.wyomingpublicmedia.org/2014-06-26/supreme-court-rules-police-need-warrants-for-most-cellphone-searches
- https://www.cosleycriminaldefense.com/criminal-blog/can-police-search-phone
- https://realrights.bakermckenzie.com/-/media/minisites/real-rights/pdfs/real-rights-for-cheyenne_-wyoming-october-2022.pdf?sc_lang=en&rev=83ba340e6e4b4da5b89fc52fc4940225&hash=8468E0A58F0846E18643D8DAB47364E9
- https://www.uwyo.edu/studentatty/legal-information-by-topic/criminal-law-know-your-rights-.pdf
- https://www.govtech.com/public-safety/can-police-search-your-phone-during-a-traffic-stop
