Can police search my phone if they stop me in Kansas or Missouri? Here is the law
both of them Missouri And Kansas It has laws that prevent the police from Unreasonable searches and seizuresWhich means police cannot search a person or their property without a warrant or probable cause.
This includes cell phones.
In 2014 the Supreme Court It ruled that police officers cannot search a person’s cellphone without a valid warrant because there is a reasonable expectation of privacy.
What if you were stopped at a traffic stop and the police asked if they could look at your phone?
You can say no in missouri, according to FRANK, GUNGEL & RADIFIELD, ATTORNEYS AT CLOSURE In St. Louis, because police need a valid warrant.
You can also say no in Kansas, where Judge David Wax upheld it State Supreme Court ruling After the 2014 case was closed.
“The fact that technology now allows an individual to hold such information in his or her hand does not make the information any less deserving of the protection that the founders fought for,” Wax said.
However, police may be able to search a phone without a warrant in emergency situations. According to Grafe & Batchelor, Solicitors at Law (Festus, Missouri).
What does the US Constitution say about phone searches?
the The Fourth Amendment says“The right of the people to security of their persons, houses, papers, and property against unreasonable searches and seizures shall not be violated, and no warrants shall issue, except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things Which will be confiscated.
What is the law in Missouri?
Missouri law He says police need to get a written search warrant to search people’s property, including cell phones.
After the Fourth Amendment, state law states:
“People shall be secure in their persons, papers, homes, property, communications and electronic data from unreasonable searches and seizures; no warrant shall be issued to search any place, or to seize any person or thing, or to access data or electronic communications, Without describing the place to be searched, the person or thing to be seized, or the data or communications to be accessed, so far as it may be; nor without probable cause, supported by a written oath or affirmation.
Can police search my cell phone in Kansas?
Kansas residents are also protected under Kansas state law, which also follows the Fourth Amendment. This means that police need to obtain a written search warrant to search someone’s property.
the The law in Kansas says“A search warrant may only be issued upon the oral or written statement, including that transmitted or received by electronic communications, of any person under oath or affidavit which states facts sufficient to show probable cause that a crime has occurred, is occurring, or is about to be committed.” The crime describes in particular the person, place or means of transport to be searched and the items to be seized.”
When can the police search your phone?
If you consent to a search in Kansas, police can search your phone, according to the Verge. Gary Stone, Kansas City, Kansas, criminal defense attorney.
The same applies to residents of Missouri, Dan Miller, a criminal defense attorney at Lee’s Summit, said:.
Without consent, they cannot search your mobile phone unless they have a warrant. If they do, any evidence they find on the phone may be inadmissible in court, Stone said.
He said they can’t 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 it.
“You expect privacy on your cell phone because it contains personal information,” Stone said.
Can police officers search cell phones in emergency situations?
Laws in Kansas and Missouri allow police to search cell phones in some emergency situations, according to Miller. Some examples include:
Protect themselves or others from danger or death
Stopping the destruction of property, such as putting out a fire or stopping a burglary
Prevent the destruction of evidence
Chasing an escaped criminal