During a traffic stop in New Mexico, police generally cannot search your phone without your consent unless they have a valid search warrant issued by a judge. The Fourth Amendment of the U.S. Constitution and Article II, Section 10 of the New Mexico Constitution both protect individuals against unreasonable searches and seizures, and New Mexico courts have a strong preference for search warrants, especially when it comes to highly personal devices like cell phones.
If an officer asks to search your phone, you have the right to refuse. You can calmly state, “I do not consent to this search.” Giving consent allows police to search your phone without a warrant, but refusing consent usually means they cannot proceed unless they obtain a warrant or one of the recognized exceptions to the warrant requirement applies. The New Mexico Department of Public Safety and the ACLU of New Mexico both emphasize that police always need a warrant to search your phone unless you give permission or there are exigent circumstances (such as an immediate threat to life or safety).
One exception to the warrant requirement is when the officer has a reasonable belief that your phone is lost, stolen, or abandoned, or in cases of emergency involving danger of death or serious physical injury. In such cases, the officer may access only information necessary to identify, verify, or contact the device’s owner6. However, these exceptions are narrowly interpreted and do not allow for broad searches of your personal data.
If police obtain a warrant, it must specify the information to be seized, the time period covered, and the types of data targeted. The search must also be limited to the objective of the warrant and must be conducted within the legal time frame specified by the warrant.
During a routine traffic stop in New Mexico, police cannot search your phone unless you consent, they have a valid warrant, or there is a narrowly defined emergency or exigent circumstance. You always have the right to refuse a search of your phone, and doing so is the best way to protect your privacy and legal rights.
Sources
[1] https://www.nmag.gov/wp-content/uploads/2021/11/nm-oag-search-seizure-manual.pdf
[2] https://www.aclu-nm.org/en/know-your-rights/student-privacy-rights
[3] https://www.dps.nm.gov/wp-content/uploads/2022/07/OPR.-42-R-6-Search-and-Seizure-043018.pdf
[4] https://www.harrisonhartlaw.com/your-rights-during-a-police-stop/
[5] https://www.genuslawgrp.com/library/can-police-search-your-car.cfm
