Can the Police Go Through Your Phone in Maryland? Find Out Now

Recent legal decisions and constitutional rights restrict Maryland police officers’ authority to search your phone during a traffic stop. You should be aware of the following:

In most cases, a warrant is required.

Generally speaking, authorities cannot seize or examine your phone without a warrant. This is true even if you are arrested; a warrant is still required for law authorities to access your phone’s data.

The Exclusions from the Warrant Requirement

The following notable exclusions may allow police to examine your phone without a warrant:

Consent: If you voluntarily give police permission to check your phone, they can do so without a warrant. However, you are not required to consent to a search.
Exigent Circumstances: Without a warrant, police may seize a phone if they have a reasonable suspicion that the evidence is about to be destroyed.

One recent Maryland court ruling

In 2022, Maryland’s highest court ruled that smartphones require specific, well-defined search warrants.
It suggests:

The specific data that authorities are requesting over the phone must be specified in warrants.
Conducting a general search of all devices is no longer allowed.
During searches, only information relevant to the specific unlawful activity being investigated may be discovered.

In the Event of a Traffic Stop, Your Rights

If police request that you have your phone searched during a traffic stop:

You have the right to refuse to allow a search.
You are not required to provide your phone’s password.
You might ask if you are being charged with a crime or if you are free to leave.

Key Takeaway

Although police can confiscate your phone with the proper warrant, they cannot examine its contents without your consent or a warrant that specifically allows access. Recent Maryland rulings have further strengthened the privacy protections for cellphone data.

If you believe your rights were violated during a traffic stop, it’s a good idea to consult with a criminal defense attorney who can review the specifics of your case.