New Mexico police cannot search your phone during a traffic stop without your voluntary consent, probable cause, or a valid search warrant. This is consistent with both state policy and federal constitutional law.
Key Legal Points:
- Fourth Amendment Protections: The Fourth Amendment of the U.S. Constitution protects you from unreasonable searches and seizures. Police must have probable cause, a warrant, or your consent to search your phone.
- Consent: If you voluntarily consent to a search of your phone, police may look through it. However, you have the right to refuse consent.
- Probable Cause: If police have probable cause to believe evidence of a crime is on your phone, they may seize it, but generally still need a warrant to search its contents—even if you are arrested at the traffic stop.
- Search Warrant Requirement: In most cases, police must obtain a warrant to search the contents of your phone. This requirement was clarified by the U.S. Supreme Court in Riley v. California (2014), which ruled that a warrant is needed to search a cell phone seized incident to arrest, except in rare emergency situations.
- Exceptions: Rare “exigent circumstances” (such as imminent danger or risk of evidence destruction) may allow a warrantless search, but these are exceptions and not the rule.
Table
| Situation at Traffic Stop | Can Police Search Your Phone? | Notes/Requirements |
|---|---|---|
| With your consent | Yes | You have the right to refuse |
| With probable cause only | No (contents), Yes (seizure) | Need warrant to search contents |
| With search warrant | Yes | Warrant must specify phone/data |
| During arrest (no warrant/consent) | No (contents) | Riley v. California applies |
| Exigent circumstances | Possible, but rare | Must be true emergency |
New Mexico police cannot search your phone during a traffic stop unless you consent, they have a warrant, or there is a rare exigent circumstance. You have the right to refuse a search of your phone.
Sources
[1] https://www.dps.nm.gov/wp-content/uploads/2022/07/OPR.-42-R-6-Search-and-Seizure-043018.pdf
[2] https://www.harrisonhartlaw.com/your-rights-during-a-police-stop/
[3] https://www.patrickjmclain.com/blog/2024/october/cell-phone-searches-and-the-fourth-amendment/
[4] https://coa.nmcourts.gov/wp-content/uploads/sites/43/2024/01/May-22-2019-State-of-New-Mexico-v.-Mauricio-Bylon-Escobedo-No.-A-1-CA-34258.pdf
[5] https://caselaw.findlaw.com/court/nm-court-of-appeals/1426068.html
