In Wisconsin, police generally cannot search your phone during a traffic stop without a warrant. Both the U.S. Supreme Court and Wisconsin courts have acknowledged that cell phones contain vast amounts of personal information.
As a result, the Fourth Amendment protection against unreasonable searches and seizures strongly applies to digital devices. This means, in most cases, law enforcement must obtain a search warrant supported by probable cause before accessing the contents of your phone.
Exceptions to the Warrant Requirement
There are a few exceptions to this general rule. The most common exception is consent: if you voluntarily allow police to search your phone, they do not need a warrant. Another exception arises in exigent circumstances—if police believe there is an immediate threat to public safety or that evidence is at risk of being destroyed. However, these situations are rare and must be justified in court.
Consequences of Warrantless Searches
If police search your phone without a warrant and without a valid exception, any evidence they find may be inadmissible in court. Your attorney can file a motion to suppress this evidence, which could significantly weaken or even dismiss the prosecution’s case.
Recent Legal Developments
Cases like Wisconsin v. Burch have sparked ongoing debates about digital privacy. In this case, the Wisconsin Supreme Court allowed evidence obtained from a phone search without a warrant to be used in court. This decision was controversial and met with criticism from privacy advocates. Several justices and legal experts maintain that, as a general rule, police need a warrant to search the data on your phone.
Your Rights During a Traffic Stop
You have the right to refuse a search of your phone. If a police officer asks for permission to search your phone, you can clearly state, “I do not consent to a search of my phone.” You are also not required to unlock your phone or provide your passcode unless the police present a valid warrant.
Police Search of Your Phone in Wisconsin
| Situation | Can Police Search Without a Warrant? |
|---|---|
| Routine traffic stop | No |
| With your consent | Yes |
| Exigent circumstances (rare) | Possibly, but must be justified in court |
| After lawful arrest | Still generally requires a warrant |
| If you refuse consent | No, unless they obtain a warrant |
In Wisconsin, police cannot search your phone during a traffic stop unless you give consent or they have a warrant. If you are asked, you have the right to refuse. Any search outside of these boundaries is likely unconstitutional, and evidence obtained in such a search may be thrown out in court. Always be aware of your rights and assert them when necessary.
Sources
[1] https://www.eauclairecriminaldefense.com/can-the-police-search-my-phone-without-a-warrant
[2] https://www.wisconsinappeals.net/on-point-by-the-wisconsin-state-public-defender/scotus-a-warrant-is-required-to-search-a-cell-phone-seized-incident-to-arrest/
[3] https://epic.org/wisconsin-supreme-court-refuses-to-limit-warrantless-forensic-searches-of-cell-phones/
[4] https://www.aclu-wi.org/en/press-releases/aclu-wisconsin-says-supreme-court-decision-undermines-fourth-amendment-and-privacy
[5] https://www.aclu-wi.org/en/know-your-rights/know-your-rights-police-encounters
