In New Jersey, police can’t typically search your phone during a traffic stop without a warrant, as phones contain vast amounts of private information. The Fourth Amendment protects against unreasonable searches, requiring police to obtain a warrant based on probable cause before searching your property.
Warrant Requirement
- A search warrant is generally required to search the contents of a cell phone.
- To get a warrant, police need to demonstrate probable cause to a judge, suggesting a crime has been committed and evidence can be found on your phone.
- The judge will evaluate the probable cause to determine if it is sufficient to justify the search.
Exceptions to the Warrant Rule
- Consent: If you voluntarily consent to a search, police can search your phone without a warrant. You have the right to refuse this request. Giving your phone to law enforcement when they ask will probably be interpreted as you giving consent to the police searching your phone.
- Limitations on Consent: Police must inform you of your right to refuse consent. Consent must be voluntary, without coercion. The search is limited to what you consent to. For example, if you consent to a search of your contacts but not your photos, the police cannot exceed the authorized scope of the search.
Proposed Law
- A proposed New Jersey law would allow police to seize and inspect a driver’s cell phone after an accident if they have “reasonable grounds” to believe the driver was using the phone at the time of the accident.
- The American Civil Liberties Union of New Jersey opposes this law, stating that the state and federal constitutions require probable cause before a search is authorized.
If police search your phone without a warrant, it’s important to consult with a criminal defense lawyer. A lawyer can help challenge unlawfully obtained evidence.
SOURCES
[1] https://www.newjerseycriminallawattorney.com/blog/cell-phone-search/
[2] https://www.johnzarych.com/can-the-new-jersey-police-search-your-phone-without-a-warrant/
[3] https://www.hassonlawoffices.com/new-jersey-laws-and-police-seizure-of-cell-phones/
[4] https://chamlinlaw.com/blog/can-i-refuse-a-police-request-to-search-my-phone/