Can police search my phone if they pull me over in Kansas or Missouri? Here’s the law
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Both Missouri and Kansas have laws that prohibit police from unreasonable searches and seizures, which means police cannot search a person or their property without a warrant or probable cause.
In 2014 the Supreme Court ruled that a person’s cellphone cannot be searched by police officers without a valid warrant because there is a reasonable expectation of privacy.
What if you get pulled over at a traffic stop and the police ask if they can look at your phone?
You can say no in Missouri, according to Frank, Juengel & Radefeld, Attorneys at Law in St. Louis, because police need a valid warrant.
You can also say no in Kansas, as Magistrate Judge David Waxse upheld the Supreme Court’s ruling in the state after the 2014 case was closed.
“The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought,” Waxse said.
However, police may be able to search a phone without a warrant in emergencies, according to Grafe & Batchelor, Attorneys at Law in Festus, Missouri.
What does the U.S. Constitution say about phone searches?
The Fourth Amendment says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What’s the law in Missouri?
Missouri law says police need to secure a written search warrant to search through people’s possessions, including cellphones.
Following the Fourth Amendment, the state law says:
“The people shall be secure in their persons, papers, homes, effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched, or the person or thing to be seized, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation.”
Can police search my cellphone in Kansas?
Residents in Kansas are also protected by Kansas’ state law, which also follows the Fourth Amendment. This means police need to get a written search warrant to go through someone’s property.
The law in Kansas says: “A search warrant shall be issued only upon the oral or written statement, including those conveyed or received by electronic communication, of any person under oath or affirmation which states facts sufficient to show probable cause that a crime has been, is being or is about to be committed and which particularly describes a person, place or means of conveyance to be searched and things to be seized.”
When can police search your phone?
if you consent to a search in Kansas, then the police can search your phone, according to Gary Stone, a Kansas City, Kansas, criminal defense attorney.
The same applies for residents in Missouri, Lee’s Summit-based criminal defense attorney Dan Miller said.
Without consent, they cannot search your cellphone unless they have a warrant. If they do, Stone said, any evidence they find on the phone can be inadmissible in court.
He said they cannot force you to unlock your phone and if they decide to confiscate your phone during a traffic stop, they still need a warrant to search through it.
“You have an expectation to privacy in your cellphone because it contains personal information,” Stone said.
Can police officers search cellphones in emergencies?
The laws in Kansas and Missouri allow police to search cellphones in some emergencies, according to Miller. Some examples include:
- Protecting themselves or others from danger or death
- Stopping the destruction of property, such as extinguishing a fire or stopping a burglary
- Preventing the destruction of evidence
- Chasing a fleeing felon
This story was originally published November 8, 2023 at 1:11 PM.
