Vermont law enforcement officers cannot search your phone during a traffic stop without a warrant or your consent. Here’s what you need to know about phone searches during traffic stops in Vermont:
Warrant Requirement
The Vermont Supreme Court has ruled that obtaining real-time cell site location information (CSLI) requires a warrant. This aligns with the broader principle that searching a cell phone’s contents generally requires a warrant, as established by the U.S. Supreme Court.
Exceptions to the Warrant Requirement
There are a few limited exceptions when police may be able to search your phone without a warrant:
- Consent: If you voluntarily agree to let the officer search your phone.
- Exigent Circumstances: In emergency situations involving imminent danger.
- Specific Consent: If the sender or recipient of electronic communications on the device consents.
Your Rights During a Traffic Stop
When stopped by police in Vermont:
- You are required to provide your driver’s license, registration, and proof of insurance.
- You do not have to consent to any searches.
- You can refuse a request to search your phone by saying: “I do not consent to any searches”.
Important Considerations
- Simply using your phone while driving does not give police the right to search its contents.
- Some lawmakers have proposed legislation to allow warrantless phone searches during traffic stops, but these have not become law.
- If an officer claims to have a search warrant for your phone, ask to see it.
Remember, while you should always be polite and cooperative during a traffic stop, you have the right to refuse consent for a phone search. If an officer insists on searching your phone without a warrant or your consent, do not physically resist, but clearly state your objection and ask to speak with a lawyer.
Sources
- https://dps.stowevt.gov/AzureDrive/SPD-DOCS/ORDERS/2.13%20Motor%20Vehicle%20Stops%20-%20Searches.pdf
- https://dmv.vermont.gov/about-vermont-dmv/fair-and-impartial-policing
- https://www.acluvt.org/en/news/ag-tracking-cell-phones-without-warrant
- https://www.acluvt.org/en/know-your-rights-police-interactions
- http://vcjc.vermont.gov/content/traffic-stops-race-data
