Based on current law, Wyoming police cannot search your phone during a traffic stop without a warrant or your consent. Here’s what you need to know about your rights regarding phone searches during traffic stops in Wyoming:
Constitutional Protection
The Fourth Amendment protects against unreasonable searches and seizures. In 2014, the U.S. Supreme Court ruled in Riley v. California that police generally cannot search cell phones without a warrant, even during an arrest. This ruling applies nationwide, including in Wyoming.
Your Rights During a Traffic Stop
If asked to search your phone during a traffic stop in Wyoming:
- You have the right to refuse consent
- Clearly state “I do not consent to a search of my phone”
- Police cannot use your refusal as probable cause for a search
Exceptions to Warrant Requirement
Police may search your phone without a warrant in limited circumstances:
- If you give consent
- In emergency situations where there is an immediate threat to safety
Best Practices to Protect Your Rights
To safeguard your privacy during traffic stops:
- Keep your phone locked and password-protected
- Do not volunteer your password or unlock your phone
- Remain polite but firm in asserting your rights
Wyoming-Specific Considerations
While Wyoming does not have a specific “stop and identify” law, you are required to provide your driver’s license, registration, and proof of insurance during a traffic stop. Beyond that, you have the right to remain silent.
Probable Cause and Vehicle Searches
It’s important to note that while phone searches require a warrant, police may still search your vehicle if they have probable cause to believe it contains evidence of a crime. However, this does not automatically extend to searching your phone.
Consent Searches
If you voluntarily consent to a search, police can search without a warrant. However, you can:
- Limit the scope of the search
- Withdraw consent at any time
- Specify that your consent does not extend to your phone
Remember, while you should always be respectful during police encounters, you are not required to consent to a search of your phone or provide your password.
If police insist on searching your phone without a warrant or your consent, clearly state that you do not consent to the search and ask to speak with an attorney. By understanding and asserting your rights, you can protect your privacy during traffic stops in Wyoming while still cooperating with lawful police requests.
Sources
- https://www.uwyo.edu/studentatty/legal-information-by-topic/criminal-law-know-your-rights-.pdf
- https://www.wyomingpublicmedia.org/2014-06-26/supreme-court-rules-police-need-warrants-for-most-cellphone-searches
- 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.steventituslaw.com/blog/rights-in-wyoming/
