New Hampshire law enforcement officers generally cannot search your phone during a traffic stop without a warrant or your consent. This is based on both state and federal legal protections against unreasonable searches and seizures.
Constitutional Protections
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures without probable cause or a warrant. The New Hampshire state constitution mirrors these protections.
In 2014, the U.S. Supreme Court specifically addressed cell phone searches in the landmark case Riley v. California. The Court ruled that police cannot search the contents of a cell phone without a warrant, even when making an arrest. Chief Justice John Roberts noted that because digital data on a phone cannot be used as a weapon, there is no immediate safety justification for searching it during an arrest.
New Hampshire Law
New Hampshire does not have a “stop and identify” statute that requires individuals to provide identification to police upon request. While officers may ask for ID during a traffic stop, you are not legally obligated to provide it unless you are the driver of the vehicle.
Regarding cell phones specifically, New Hampshire law enforcement needs a warrant to access the contents of a phone or to use cell site simulators to track phone locations. A 2017 state law requires police to obtain a warrant before using cell site simulators and mandates deletion of most data gathered by such devices at the end of each day.
Consent Searches
One exception to the warrant requirement is if you voluntarily consent to a search. In New Hampshire, consent must be given freely and not coerced. You have the right to refuse consent for any search, including of your phone.
What To Do If Asked
If an officer asks to search your phone during a traffic stop:
- Politely but firmly state that you do not consent to a search of your phone or any other property.
- Ask if you are free to leave. If not, ask why you are being detained.
- Invoke your right to remain silent and request to speak with an attorney.
- Do not physically resist if an officer attempts to take your phone, but continue to verbally state you do not consent.
Exceptions
There are some limited exceptions where police may be able to search a phone without a warrant:
- If there are “exigent circumstances” like an immediate threat to safety
- If the phone is abandoned
- If the phone is in plain view and clearly shows evidence of a crime
However, these exceptions are narrow and police generally need a warrant to search the contents of a phone.
Consequences of Illegal Searches
If police conduct an illegal warrantless search of your phone, any evidence obtained would likely be inadmissible in court. An experienced criminal defense attorney can file a motion to suppress such evidence.
While New Hampshire police may ask to search your phone during a traffic stop, you have the right to refuse. Officers need a warrant or your voluntary consent to legally search the contents of your phone in most circumstances.
Understanding your rights can help protect your privacy and ensure any searches are conducted lawfully. If you believe your rights were violated during a traffic stop, consult with a qualified attorney who can advise you on your specific situation.
