I’m not taking a stance either way, but I have a question:
If you are pulled over in your car, and police have probable cause to a search, they can go through every piece, crevice, box, etc in your car. They can open trunks, glove boxes, consoles. And if they find , say a box, inside the car, they can open that up.
So if they can legally do that, why can’t they open a phone?
You must first define probable cause and why they pulled you over.
If they pulled you over for speeding and see nothing else, then a search is unconstitutional. Stop.
If you are driving erratically and they pull you over and they see an open container; then they can search for things that might relate to your intoxication and places that might store alcohol, etc. They do not have probable cause to search your phone.
There is very in a traffic stop that allows the intrusion into electronic devices.
Criminal investigations typically require a warrant to get possession of an electronic device.
I say possession, because there is no requirement that you unlock it.
Just like a safe. They can take possession, but there is nothing to force you to unlock it.
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That’s a different ballgame. All cops need is probable cause to search a car. If they witness signs of driving under the influence, they can search the car to find drugs or alcohol.
But they cannot search electronic devices cars GSP data etc.
They can only look to the extent that it would be related to origin under the influence.
They could search the compartments that might be able to hold drugs and alcohol, but would not be able to search a phone.
Probable cause is not a fishing expedition.
A cop cannot stop you for speeding and see no other indication of a crime and search your car; unless you let them.
If they ask me to step out of my car; I lock the doors on exit.
I do not consent to the searching of my car or my personal effects without a warrant.
That means no looking in the car beyond what they can see looking through a window and no rummaging through my pockets or anything else without going to a judge.