In New Mexico, the legality of police searching your phone during a traffic stop is governed by several legal principles, primarily the Fourth Amendment, which protects against unreasonable searches and seizures.
General Principles of Search and Seizure
- Warrant Requirement: Generally, law enforcement must obtain a warrant to search a person’s phone. This was affirmed by the U.S. Supreme Court in Riley v. California, which ruled that warrantless searches of cell phones incident to arrest are unconstitutional.
- Consent: Police can ask for consent to search your phone. If you voluntarily agree, they can legally search it. However, you have the right to refuse this request, and if they proceed without your consent, it may constitute an illegal search.
- Probable Cause: If officers have probable cause to believe that evidence of a crime is on your phone, they may be able to conduct a search without a warrant. However, establishing probable cause requires specific facts that lead officers to believe a crime has occurred or is occurring.
- Search Incident to Arrest: If you are arrested during a traffic stop, police may search your vehicle and potentially your phone if they believe it is related to the arrest. This is considered a reasonable search under the Fourth Amendment.
- State Laws: In New Mexico specifically, while there are laws governing the use of mobile devices while driving (e.g., prohibiting texting), these laws do not authorize the seizure or search of a mobile device solely based on traffic violations. This means that unless there are additional legal grounds (like those mentioned above), police cannot search your phone during a routine traffic stop.
Conclusion
In summary, police in New Mexico cannot search your phone during a traffic stop without either your consent, a warrant, or probable cause related to criminal activity. If you feel pressured to allow a search, it’s crucial to remember your rights and assert them clearly.
Sources:
- https://law.justia.com/codes/new-mexico/chapter-66/article-7/part-4/section-66-7-375/
- https://en.wikipedia.org/wiki/Stop_and_identify_statutes
- https://www.findlaw.com/criminal/criminal-rights/can-the-police-legitimately-search-my-vehicle-without-a-warrant.html
- https://www.upturn.org/work/mass-extraction/
