Missouri police generally cannot search your phone during a traffic stop without a warrant or your explicit consent. This protection is rooted in the Fourth Amendment of the U.S. Constitution and reinforced by both the 2014 Supreme Court decision in Riley v. California and Missouri state law.
Key Points on Police Phone Searches in Missouri
Warrant Requirement: Police must have a warrant to search the contents of your phone, even if you are stopped or arrested during a traffic stop. The Supreme Court has ruled that phones contain vast amounts of personal information and are protected from warrantless searches.
Consent: If you voluntarily allow officers to search your phone—by unlocking it or handing it over—this counts as legal consent, and a warrant is not needed. You have the right to refuse; police may ask, but you are not required to comply.
Exigent Circumstances: In rare, emergency situations—such as an imminent threat to life, risk of evidence destruction, or a kidnapping—police may search your phone without a warrant.
Missouri Law: Article I, Section 15 of the Missouri Constitution and Amendment 9 (passed in 2014) specifically protect electronic data from unreasonable search and seizure, further strengthening your rights under state law.
Missouri’s Hands-Free Law and Phone Confiscation
Traffic Stops for Phone Use: As of 2025, Missouri’s hands-free law allows officers to issue citations if they observe you using your phone while driving. However, officers cannot compel you to hand over your phone or search it to verify a violation. Enforcement is based on the officer’s direct observation, not on searching your device.
Serious Accidents: In cases involving serious injury or death, police may seize your phone and seek a warrant to examine its data for evidence of phone use at the time of the incident.
What Should You Do If Asked?
Politely refuse consent: If an officer asks to search your phone, you can say, “I do not consent to a search of my phone.” Remain calm and do not physically resist.
Do not unlock your phone: Handing over an unlocked device or showing content may be interpreted as consent.
Ask to see a warrant: If officers claim they have the right to search, request to see the warrant and check that it specifies your phone and the data sought.
Consult a lawyer: If you believe your rights were violated, contact a criminal defense attorney as soon as possible.
Table
| Situation | Can Police Search Your Phone? |
|---|---|
| Routine traffic stop | No, unless you consent or they have a warrant |
| You give consent | Yes |
| Exigent (emergency) circumstances | Yes, in rare cases |
| Hands-free law violation | No, based on observation only |
| Serious accident/injury | May seize and seek warrant |
During a Missouri traffic stop, your phone’s contents are protected and cannot be searched without your permission or a valid warrant, except in emergencies. Officers cannot take or search your phone for hands-free law violations unless a more serious crime is involved and proper legal procedures are followed.
Sources
[1] https://www.combswaterkotte.com/faqs/can-police-search-my-phone/
[2] https://www.atclawoffice.com/blog/2024/11/can-police-search-your-phone-during-a-traffic-stop-in-missouri/
[3] https://gblawmo.com/can-missouri-police-search-phone/
[4] https://supreme.justia.com/cases/federal/us/573/373/
[5] https://www.yahoo.com/news/enforcing-missouri-hands-free-law-203903592.html
