The law in New Hampshire and across the United States is clear: police cannot search your phone during a traffic stop without a warrant or your consent.
This protection stems from the 2014 U.S. Supreme Court decision in Riley v. California, which ruled that warrantless searches of cell phones during arrests are unconstitutional.
Your Rights During a Traffic Stop
When stopped by police in New Hampshire, you have several important rights:
- Right to Remain Silent: You are not required to answer questions about your activities or whereabouts beyond providing basic identification.
- Right to Refuse Consent: You can refuse to consent to a search of your vehicle or belongings, including your phone.
- Right to See a Warrant: If police claim to have a warrant to search your phone, you have the right to review it.
- Right to Record: In most cases, you can record your interaction with the police, as long as you don’t interfere with their duties.
Phone Searches and the Law
The Fourth Amendment protects against unreasonable searches and seizures. For cell phones, this means:
- Police need a warrant to search your phone, even if you’ve been arrested.
- The only exception is if you give consent for the search.
- If an officer demands to see your phone without a warrant, you can politely refuse.
New Hampshire-Specific Regulations
New Hampshire has some additional protections:
- Law enforcement needs a warrant to use cell site simulators (stingrays) to collect cell phone location data.
- The state requires police to delete most data gathered by these devices at the end of each day.
- New Hampshire law (RSA 595-A:10) explicitly states that refusing to consent to a vehicle search cannot be used as probable cause for arrest or reasonable suspicion for detention.
What to Do If Asked to Hand Over Your Phone
If a police officer asks to search your phone during a traffic stop:
- Politely state that you do not consent to a search.
- Ask if they have a warrant specifically for your phone.
- If they don’t have a warrant, reaffirm that you do not consent to the search.
- Remember that you have the right to remain silent and can request to speak with a lawyer.
It’s important to note that while you have these rights, it’s crucial to remain calm and respectful during any interaction with law enforcement. If you believe your rights have been violated, it’s best to address the issue later with the help of a legal professional rather than escalating the situation during the stop.
Source
- https://www.justcriminallaw.com/criminal-charges-questions/2021/12/22/top-10-rights-police-dont-want-you-to-know/
- https://www.cosleycriminaldefense.com/criminal-blog/can-police-search-phone
- https://www.citizenscount.org/issues/law-enforcement-surveillance
- https://www.newyorkappellatelawyer.com/blog/your-cell-phone-and-the-fourth-amendment-police-may-not-conduct-a-warrantless-search-of-your-cellphone-even-after-your-arrest/