In Vermont, police generally cannot search your phone during a traffic stop without your consent or a warrant.
Key Points
- No Automatic Right to Search: Police can search your person or your vehicle under certain circumstances, but your phone is treated differently under the law. Officers cannot search your phone without your consent or a search warrant, even if you are stopped or arrested, except in rare emergency situations.
- Consent Matters: If you voluntarily give police permission, they may search your phone. The ACLU of Vermont strongly advises against giving consent, as you have the right to say no.
- Proposed Legislation (Not Law): In 2016, a bill was introduced in Vermont that would have allowed police to search a driver’s phone without a warrant if they suspected illegal use of a handheld device while driving. However, this bill did not become law due to significant privacy concerns and opposition from civil liberties advocates.
- Current Practice: If police suspect you were illegally using your phone while driving, they must obtain a warrant to search your device or seek data from your wireless carrier. They cannot compel you to hand over your phone or search it on the spot without a judge’s approval.
- Incident to Arrest: Even if you are arrested, Vermont law and U.S. Supreme Court precedent (Riley v. California) require a warrant to search the contents of your phone unless there are urgent, exigent circumstances.
What Should You Do?
- Do Not Consent: Politely state, “I do not consent to a search of my phone.”
- Ask if You Are Free to Go: If not under arrest, you can ask, “Am I free to leave?”
- Remain Calm and Respectful: You have the right to remain silent and to refuse consent without facing additional charges for doing so.
Summary Table
| Situation | Can Police Search Your Phone? |
|---|---|
| Routine Traffic Stop | No, unless you give consent or they have a warrant. |
| Arrested (no warrant) | No, except in rare emergencies. |
| With Your Consent | Yes |
| If Proposed Bill Had Passed | Would have allowed warrantless search (but did NOT become law). |
Bottom Line:
Vermont police cannot legally search your phone during a traffic stop without your consent or a warrant. Always exercise your right to privacy and do not consent to a search unless you are comfortable doing so.
SOURCES
[1] https://www.acluvt.org/en/know-your-rights-police-interactions
[2] https://vcjc.vermont.gov/content/traffic-stops-race-data
[3] https://dmv.vermont.gov/about-vermont-dmv/fair-and-impartial-policing
[4] https://www.vermontpublic.org/vpr-news/2016-01-11/proposed-bill-would-allow-warrantless-cell-phone-searches
[5] https://www.stowevt.gov/files/assets/town/v/1/police/documents/general-orders/2.13-motor-vehicle-stops-searches.pdf
