There are a few different reasons why the cops might stop you while you’re driving in Pennsylvania. What will happen, though, if the police try to look through your phone?
If you’re pulled over, you might feel like you have to give the police officer your phone if they ask. But people in Pennsylvania and across the country have a number of rights that protect them from these kinds of searches in everyday situations like a traffic stop. It’s important for you to know what to do if police in Pennsylvania try to search your phone.
CAN POLICE SEARCH YOUR PHONE WHEN THEY PULL YOU OVER IN PENNSYLVANIA?
In general, the Fourth Amendment in the U.S. keeps government officials from searching people without a good reason. It does not protect against all searches and seizures, though, because it only covers those that the law says are “unreasonable.”
In 2014, the U.S. Supreme Court case Riley v. California supported this idea when it said that the Fourth Amendment protects people while they are being arrested. The unanimous ruling said that in some situations, like when someone is being arrested, a proper warrant is needed to search their cell phone.
Pennsylvania law says that the police can’t look through your phone without an order. Just like the U.S. Supreme Court did in 2014, the Pennsylvania Supreme Court said in 2018 that any effort by law enforcement to access cell phone data without a warrant is a violation of Fourth Amendment rights.
Brian Fishman, a criminal defence lawyer in Philadelphia, says the 2018 Pennsylvania Supreme Court decision is even more important because it says that if someone breaks into someone else’s phone, “any evidence obtained from the phone shall be deemed inadmissible in court.”
When can Pennsylvania police search your phone?
Police in Pennsylvania have certain situations where they can search or take your cell phone.
Most of the time, cops need a search warrant to look through your phone, even if they have you in custody. In warrants, the gadget that will be searched for and what the police hope to find must be made clear.
You could have your cell phone taken away during a search of your car if you are arrested for a crime after a traffic stop. However, the cops are not allowed by law to search the phone itself without first getting a valid warrant.
If you agree, the police can properly search your phone. People in Pennsylvania can agree to a search of their phone without a warrant if they want to.
There are a few other times when searches and seizures can happen without a request. The most important ones are “exigent circumstances,” which means there is a “compelling need for official action and no time to secure a warrant.” Examples of these are when people’s lives are in danger or a criminal suspect is being chased.
In addition, if criminal evidence is left out in the open or thrown away, for example, police can pick it up and possibly check it.
Is there a penalty for texting and driving in Pennsylvania?
If you are pulled over in Pennsylvania for texting while driving, your phone could be searched. Keystone State officials say that driving while distracted is one of the main reasons for police pullovers and accidents in the state.
It is against the law in Pennsylvania to read or write text messages on an interactive wireless communication device like a cell phone, computer, or personal digital assistant while driving. These rules don’t cover GPS devices or drivers who are talking on the phone while driving using a hand-held or hands-free device.
If a Pennsylvania driver is found texting while driving, they will be given a $50 fine and may also have to pay court costs and fees. The Pennsylvania Department of Transportation says that violations are not shown on the driving records of private drivers.