In Wyoming, the law regarding a police officer’s ability to search your phone during a traffic stop is governed by the Fourth Amendment of the U.S. Constitution, as well as the Wyoming Constitution. These laws protect individuals from unreasonable searches and seizures. Generally, police need a warrant to search your phone, but there are exceptions.
Fourth Amendment Rights
- The Fourth Amendment protects against unlawful searches and seizures, meaning an officer generally needs your permission or a lawful warrant to search your property.
- This protection extends to your vehicle and personal electronic devices, such as smartphones.
Warrant Requirement
- As a rule, police officers must obtain a warrant to search your cell phone, even if they seize the phone during an arrest.
- A warrant must be issued by a judge and based on probable cause, specifying what the police are looking for.
- The Supreme Court case Riley v. California (2014) reinforces the need for a warrant to search a cell phone during an arrest, recognizing the vast amount of personal information phones contain.
Exceptions to the Warrant Requirement
- Consent: Police can search your phone without a warrant if you explicitly consent to the search. You have the right to refuse such a search, and the police must obtain a warrant if you refuse.
- Probable Cause: If an officer has a valid reason to suspect that a crime has been committed, they can search a vehicle without a warrant. For instance, an officer can search a vehicle if they suspect the driver is intoxicated. The Wyoming Constitution specifies that a search must be reasonable under all circumstances.
- Plain View Doctrine: If an officer sees evidence of a crime in plain view, they can seize the evidence and make an arrest.
Wyoming Constitution
- Wyoming’s Article 1, Section 4, imposes greater demands on officer conduct, requiring searches to be reasonable under all circumstances.
- Wyoming prohibits using traffic violations as a pretext for conducting investigations.
- Law enforcement cannot extend a traffic stop beyond what is required to issue a traffic citation to investigate a hunch.
Compelled Access
- Under current legal precedents, police cannot force you to unlock your phone using fingerprint or facial recognition unless they have a warrant that specifically allows for this action.
If an officer searches your vehicle, it is important to remain silent and contact an attorney. An attorney can assess the situation and determine if your rights have been violated.
Sources:
- https://www.steventituslaw.com/blog/can-a-police-officer-search-your-vehicle-without-a-warrant/
- https://www.thetransferportalcfb.com/can-georgia-police-search-my-phone-during-a-traffic-stop-heres-what-the-law-says/
- https://justiceforcowboys.com/2022/04/21/wyo-supreme-court-holds-that-police-conduct-may-negate-justification-for-traffic-stops/
- https://owossoindependent.com/can-washington-police-search-my-phone-during-a-traffic-stop-heres-what-the-law-says/
- https://justiceforcowboys.com/2020/11/25/the-two-fourth-amendments-in-wyoming/
