In Maryland, police can search your phone during a traffic stop under specific conditions. Here’s a breakdown of the law:
Conditions for Phone Searches
- Consent: If you give consent, police can search your phone. However, it’s advisable not to consent unless you have no choice, as this can lead to the discovery of unrelated evidence.
- Search Warrant: Police need a specific search warrant to search your phone. This warrant must detail exactly what they are looking for, as Maryland courts have ruled that blanket searches violate privacy rights.
- Risk of Evidence Destruction: If police believe your phone is at risk of having evidence deleted or destroyed, they may seize it without a warrant, but they still need a warrant to search it.
- After Arrest: If you are arrested, police can seize your phone as part of your personal property, but they generally need a warrant to search it.
Legal Protections
- Fourth Amendment Rights: The Fourth Amendment protects against unreasonable searches and seizures. Maryland courts have reinforced this by requiring specific warrants for phone searches.
- Privacy Concerns: Given the vast amount of personal data on phones, courts emphasize the need for limited searches to protect privacy.
What to Do
- Remain Calm: If stopped, remain calm and cooperative.
- Know Your Rights: You are not obligated to provide your password or consent to a search without a warrant.
- Ask for a Warrant: If police request to search your phone, ask to see a warrant.
- Seek Legal Advice: If you feel your rights have been violated, consult with a legal professional.
SOURCES
[1] https://www.rossalbers.com/blog/2023/march/did-the-police-have-the-right-to-stop-and-search/
[2] https://www.mooneyesq.com/blog/2023/08/2-types-of-searches-police-may-perform-during-a-traffic-stop/
[3] https://www.careylawoffice.com/2022/09/26/maryland-court-rules-authorities-must-limit-cellphone-searches/
[4] https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=25-113&enactments=false
