First Prev
of 3
Next Last
Legal Question

United States

#1 Sep 4, 2012
Is it legal for the police to search through someones cell phone during a routine traffic stop? In particular, a passengers phone??
maybe

Berkeley Springs, WV

#2 Sep 4, 2012
If they have probable cause to do so, i would think its in a gray area as far as the law is concerned, certainly could with a warrant but as far as a solid yes or no answer im not 100% certain. I imagine it being somewhat like with a car, if you refuse to allow them to search they may be able to confiscate it to "inventory" phone calls,text messages, and contacts...
Legal Answer

United States

#3 Sep 4, 2012
I talked to the cops and they said that they will look at whatever they want and if you don't like it, they will shove the phone so far up your ass it will be a long distance call to your ankles!
Webster

United States

#4 Sep 4, 2012
Legal Question wrote:
Is it legal for the police to search through someones cell phone during a routine traffic stop? In particular, a passengers phone??
Define "routine" traffic stop.
Legal Question

United States

#5 Sep 4, 2012
Webster wrote:
<quoted text> Define "routine" traffic stop.
Say, for example, speeding. Maybe 7 miles over the speed limit.. Nothing severe.
jokes

Ardsley, NY

#6 Sep 6, 2012
Law is you can force them to get a search warrant to go through any personal belongings including vehicle just when you get out of the car lock the doors and when they ask the famous question " is there anything in the vehicle I should know about and can I look" reply with no there is not and yes I do care if you look :) If they forcibly do so anyways get a lawyer
Jerry

Chesapeake, VA

#7 Sep 6, 2012
Legal Question wrote:
Is it legal for the police to search through someones cell phone during a routine traffic stop? In particular, a passengers phone??
All of you are trying to give good answer, but you have failed the test. Any Officer that will pull you, will have a just reason! The majority of the officers have been trained on what is and what isn't legal at a training session in Colorado prior to entering the force, and the majority of them know the law pretty darn well, So my advice to any one, is to comply with the Officers command and the situation will always go in your favor. Yes may get a citation, but on the lighter side, the officer will remember this in case you do go before a Magistrate! It's a good feeling to look him in the eyes with out having a guilty complex whether you're guilty or not..Courtesy breeds courtesy.
silly

Saint Albans, WV

#8 Sep 6, 2012
Jerry wrote:
<quoted text>All of you are trying to give good answer, but you have failed the test. Any Officer that will pull you, will have a just reason! The majority of the officers have been trained on what is and what isn't legal at a training session in Colorado prior to entering the force, and the majority of them know the law pretty darn well, So my advice to any one, is to comply with the Officers command and the situation will always go in your favor. Yes may get a citation, but on the lighter side, the officer will remember this in case you do go before a Magistrate! It's a good feeling to look him in the eyes with out having a guilty complex whether you're guilty or not..Courtesy breeds courtesy.
Yeah cops never pull anyone over & search them for no reason or illegally. They just passed laws against that for the heck of it.
Complying with them will ALWAYS go in you favor. They no the difference between right & wrong & behave accordingly at all times.
Babe

Princeton, WV

#9 Sep 6, 2012
Yeah but searching someone's phone? That can't be legal. You gotta have some kind of warrant for that.
reality

Marlinton, WV

#10 Sep 6, 2012
if you are pulled over, they have to have a reason for it. if you broke the law by even just speeding, they have reasonable cause to search. BUT you still have the right to say no. searching the passengers phone? i doubt they have the right to that. but searching the drivers, yes. they are checking to see if you were on the phone as you were driving.
and remember, always, and i mean always, be polite. even if he is being a jackazz.
LAWYER

Orange, VA

#11 Sep 6, 2012
No it is not legal for them to do that.
BETTER LAWYER

Princeton, WV

#12 Sep 6, 2012
Yes they can.
One Who Knows

Rupert, WV

#13 Sep 7, 2012
BETTER LAWYER wrote:
Yes they can.
No they can't. Not without a warrant,or your consent. This type of search would fall under Federal Wiretapping Laws. So, unless they have a warrant or you are an idiot and say "sure officer I don't mind if you look through my belongings and my phone"they can not legally look through you text messages or any other communications on any device. Also,if an officer has to ask you for permission to search anything,that usualy means he/she does not have "probable cause" to do so. The last Stae Trooper that tried this bullshit with me illegally is now driving a desk instead of a patrol car.
interested

Barboursville, WV

#14 Sep 7, 2012
reality wrote:
if you are pulled over, they have to have a reason for it. if you broke the law by even just speeding, they have reasonable cause to search. BUT you still have the right to say no. searching the passengers phone? i doubt they have the right to that. but searching the drivers, yes. they are checking to see if you were on the phone as you were driving.
and remember, always, and i mean always, be polite. even if he is being a jackazz.
I know the new law says you can't talk on your hand held device while driving. so if the officer was checking to see if the driver was talking or texting, then wouldn't that be the same as if I ran a stop sign yesterday and then today the cop comes to give me a ticket? kinda like it's not illegal until you are caught. he can't give me a ticket for something I did yesterday or an hour ago, he has to catch me in the act to ticket me, yes?
and yeah, ALWAYS be polite to the officers no matter what!! it's a small town and certainly you will see him again!
Really

Oakvale, WV

#15 Sep 7, 2012
Rig up your phone so you can lock it when you see the blues come on..take a stand and tell them to "pry it from your cold dead hands"!!!
but

Ridgeview, WV

#16 Sep 7, 2012
interested wrote:
<quoted text>
I know the new law says you can't talk on your hand held device while driving. so if the officer was checking to see if the driver was talking or texting, then wouldn't that be the same as if I ran a stop sign yesterday and then today the cop comes to give me a ticket? kinda like it's not illegal until you are caught. he can't give me a ticket for something I did yesterday or an hour ago, he has to catch me in the act to ticket me, yes?
and yeah, ALWAYS be polite to the officers no matter what!! it's a small town and certainly you will see him again!
Then why would they be checking a passenger's phone not the driver?
And the new law says you can talk on your phone if you use a hands free device so would checking anyone's phone really prove anything? If you did have a hands free device would it show you were using it by just checking someone's phone?
I think the real question here is why are the police so interested in your passenger & their phone? Not saying the search was right or even legal but why are they so interested in your passenger?
unknown

United States

#17 Sep 7, 2012
The law now is you can't text and drive this year as for talking on your phone that takes effect next year in 2013. Read up on your laws and then you would know what is what.
Lol

United States

#18 Sep 7, 2012
One Who Knows wrote:
<quoted text>No they can't. Not without a warrant,or your consent. This type of search would fall under Federal Wiretapping Laws. So, unless they have a warrant or you are an idiot and say "sure officer I don't mind if you look through my belongings and my phone"they can not legally look through you text messages or any other communications on any device. Also,if an officer has to ask you for permission to search anything,that usualy means he/she does not have "probable cause" to do so. The last Stae Trooper that tried this bullshit with me illegally is now driving a desk instead of a patrol car.
Federal wiretapping law?? You're a dumbass!!!
Hmmm

Ridgeview, WV

#19 Sep 7, 2012
Lol wrote:
<quoted text>Federal wiretapping law?? You're a dumbass!!!
Ageed. Not a federal-wire tapping case!
Hmmm

Ridgeview, WV

#20 Sep 7, 2012
Question still stands. Why are they interested in your passenger so much?

Tell me when this thread is updated:

Subscribe Now Add to my Tracker
First Prev
of 3
Next Last

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Lewisburg Discussions

Title Updated Last By Comments
vago rd 1/20/18 10 hr Cyt 5
New Lewisburg Council Member 10 hr White Shoes 6
Create your own Forum (Jun '15) 15 hr Selfish fools 4,393
hey grlz whats the size white guyz n lewisburg (Apr '15) 22 hr Bob 8
protest at the greenbrier Sat Hahahaha 4
Dr. Mary Ann Mann (Apr '17) Fri you dumbazz 15
Divorce attorney Fri Legal eagle 13

Lewisburg Jobs

More from around the web

Personal Finance

Lewisburg Mortgages