Can South Dakota Police Search My Phone During a Traffic Stop? Here's What the Law Says

During a traffic stop in South Dakota, police cannot search your phone without a warrant in most circumstances. This protection comes from the Fourth Amendment of the U.S. Constitution and was reinforced by the U.S. Supreme Court’s 2014 decision in Riley v. California.

Key Points

Warrant Requirement: Police generally need a search warrant to search the contents of your phone, even if you are arrested during a traffic stop. Simply being pulled over or even arrested does not give officers the right to access your phone’s data without a judge’s approval.
Consent: If you voluntarily give police permission, they can search your phone without a warrant. You have the right to refuse consent.
Probable Cause & Exigent Circumstances: In rare cases, if police can show an urgent need (such as imminent destruction of evidence or a threat to public safety), they might search without a warrant, but this is a high bar and rarely applies to routine traffic stops.
Physical Seizure vs. Search: Police may seize your phone during an arrest, but accessing its contents (texts, photos, apps, etc.) still requires a warrant.

South Dakota-Specific Context

South Dakota courts follow the Riley v. California precedent, meaning state and local police are bound by the same warrant requirements as elsewhere in the U.S.
If you are stopped and police ask to search your phone, you can (and should) clearly state that you do not consent to a search.

What to Do If Asked

Politely decline consent if you do not want your phone searched.
Do not unlock your phone or provide passwords unless required by a court order.
Ask if you are free to leave if you are not under arrest.

In South Dakota, police cannot search your phone during a traffic stop without a warrant, unless you give consent or a rare emergency exception applies. Your digital privacy is strongly protected under both state and federal law.

Sources: