Can Pennsylvania police search my phone during a traffic stop? Here’s what the law says

If you’re driving in Pennsylvania, you might find yourself pulled over by police for a number of reasons. But what happens if law enforcement officers try to look through your cell phone?

When you’ve been pulled over, you might feel legally obligated to hand over your phone if a police officer asks. However, Americans across the country and in Pennsylvania have several rights and protections against these searches during common circumstances such as a traffic stop.

Here’s what you need to know if law enforcement officials in the Keystone State try to search your phone.

Can police search your phone when they pull you over in Pennsylvania?

Generally, the Fourth Amendment protects people in the U.S. from unreasonable searches by government officials. However, that protection is not a guarantee against all searches and seizures, as it covers only those deemed “unreasonable” under the law.

A 2014 U.S. Supreme Court case, Riley v. California, upheld this premise when justices ruled Fourth Amendment protections apply during the time of an arrest. The unanimous decision concluded a proper warrant is required to search a person’s mobile phone in certain circumstances, including searches incidental to an arrest.

Police cannot search your phone without a warrant in Pennsylvania. In a 2018 case, the Pennsylvania Supreme Court ruled that any attempts by law enforcement to access cell phone data without a warrant violate Fourth Amendment rights, following the line of thinking outlined in the 2014 U.S. Supreme Court ruling.

Philadelphia-based criminal defense attorney Brian Fishman notes the 2018 Pennsylvania Supreme Court ruling is doubly significant because it states unlawful access to a person’s phone can result in “any evidence obtained from the phone being deemed inadmissible in court.”

When can Pennsylvania police search your phone?

Law enforcement officials in Pennsylvania can search or seize your mobile phone in some specific cases.

Generally, police must have a valid search warrant to look through your phone — even if you are in their custody. Warrants must specifically include the device intended for the search and what law enforcement officials hope to find.

You might find your cell phone seized during an inventory search of your vehicle if you are arrested for a crime following a traffic stop. However, police are not legally allowed to search through the phone itself without first acquiring a proper warrant.

Police can legally search your phone with your consent, however. Voluntary agreement to the search of your phone is permitted in Pennsylvania without a warrant.

There are a few other exceptions for searches and seizures without a warrant. Chief among them are “exigent circumstances,” or conditions that are defined by a “compelling need for official action and no time to secure a warrant,” including scenarios in which lives are in danger or a criminal suspect is under pursuit.

Police can also collect and potentially search evidence of criminal activity if it is left in plain view or discarded in the garbage, for example.

Is there a penalty for texting and driving in Pennsylvania?

You might find yourself at risk of the search of your phone if you are pulled over for suspected texting and driving in Pennsylvania. According to Keystone State officials, distracted driving is one of the most common causes of police pullovers and crashes in the commonwealth.

Pennsylvania law prohibits the use of an interactive wireless communication device (such as a mobile phone, computer or personal digital assistant) to read or write text-based communications while driving. These regulations do not include GPS devices and do not apply to drivers making a voice-based phone call through a hand-held or hands-free device while operating their vehicle.

Drivers caught texting and driving in Pennsylvania face a summary offense punishable by a $50 fine, plus potential court costs and fees. Violations are not recorded on driving records for noncommercial drivers, according to the Pennsylvania Department of Transportation.