In New Jersey, police cannot search your phone during a traffic stop without a search warrant. This protection is grounded in both the U.S. Constitution’s Fourth Amendment and the New Jersey Constitution, which guard against unreasonable searches and seizures.
The U.S. Supreme Court’s landmark decision in Riley v. California (2014) established that law enforcement must obtain a warrant to search the digital contents of your phone-even after an arrest-due to the high expectation of privacy and the vast amount of personal information stored on mobile devices.
Consent: The Major Exception
The most common exception to the warrant requirement is consent. If, during a traffic stop, an officer asks to search your phone and you voluntarily agree, they can legally search your device without a warrant.
Consent must be given freely and without coercion; you have the absolute right to refuse. If you do not give consent, police must either secure a warrant or demonstrate that another limited exception applies.
Exigent Circumstances: Rare Exceptions
There are very limited situations-known as exigent circumstances-where police may search your phone without a warrant or consent. These are rare and typically involve immediate threats to public safety or the risk of evidence being destroyed.
However, courts are very strict about what qualifies as exigent circumstances, especially regarding cell phone data.
During a Routine Traffic Stop
- Police may ask to search your phone, but you can refuse.
- Without your consent or a warrant, they cannot search your phone.
- If you are arrested, your phone may be seized, but police still need a warrant to search its contents unless you consent or exigent circumstances exist.
If Police Search Your Phone Illegally
Any evidence obtained from an unlawful search of your phone-meaning without your consent, a warrant, or valid exigent circumstances-can be challenged and may be ruled inadmissible in court. This is known as the “fruit of the poisonous tree” doctrine.
Key Takeaways for Drivers in New Jersey
- You have the right to refuse a police request to search your phone during a traffic stop.
- Police need a warrant to search your phone unless you give voluntary consent or rare exigent circumstances exist.
- If your phone is searched illegally, evidence may be thrown out in court.
Always remember: If an officer asks to search your phone, you can politely decline. If you’re unsure, ask if you are required to comply or if you are free to leave.
Sources:
- https://chamlinlaw.com/blog/can-i-refuse-a-police-request-to-search-my-phone/
- https://www.newjerseycriminallawattorney.com/blog/cell-phone-search/
- https://njdwiesq.com/what-is-an-illegal-search-in-new-jersey/
- https://carcichoshea.com/your-rights-and-responsibilities-during-a-traffic-stop-in-nj/