While Ohio’s new distracted driving law allows police to stop drivers seen using cell phones, the law does not grant them the right to search your phone without a warrant or your permission.
Vehicle Searches and Probable Cause
- Police can search a vehicle if they have probable cause that it contains contraband. This is due to the “automobile exception” established by the U.S. Supreme Court.
- However, this exception typically applies to the vehicle owner’s property and not necessarily to passengers’ belongings.
- According to an Ohio district court of appeals ruling, law enforcement cannot search a passenger’s belongings not jointly owned by the driver without consent.
Phone Searches and Warrants
- Ohio’s new distracted driving law does not allow officers to search an electronic device for evidence of recent use without a warrant or the device owner’s permission.
- If police insist on a search, clearly state that you do not consent, but do not physically resist. Any evidence found during an illegal search may be thrown out in court.
Distracted Driving Law Considerations
- Ohio’s new law designates the use of cell phones and other electronic devices as a “primary offense,” allowing police to stop drivers they observe using these devices.
- This law has some exceptions such as when a driver is parked, stopped at a red light, swiping to answer a call, holding the phone to their ear, or making an emergency call.
- The penalties for violating Ohio’s new law escalate with successive violations, including points on your license, fines, and potential license suspension.
It is always in your best interest to exercise your constitutional rights. If you believe the police conducted an illegal search, consult with a criminal defense lawyer.
SOURCE
[1] https://www.amourgis.com/blog/ohio-phone-laws/
[2] https://www.wcpo.com/news/state/state-ohio/new-ohio-law-means-you-can-be-pulled-over-for-holding-a-phone-while-driving
[3] https://www.columbuscriminalattorney.com/the-impact-of-ohios-new-distracted-driving-law/
[4] https://www.columbuscriminalattorney.com/can-police-search-passengers-belongings-traffic-stop/
