In Rhode Island, police cannot search a cellphone during a traffic stop without a warrant, except in very limited exigent circumstances. According to Rhode Island law as well as the U.S. Supreme Court ruling in Riley v. California (2014), law enforcement officers need a search warrant to search the contents of a cellphone, even if the phone was seized incident to arrest.
This means during a routine traffic stop, unless the officer has probable cause supported by a warrant or there is an immediate emergency justifying a warrantless search (such as a threat to life or risk of evidence destruction), the phone must be protected from intrusive searches.
The law specifically sets that no motor vehicle or person can be detained beyond the time needed to address the traffic violation unless there is reasonable suspicion or probable cause of criminal activity, and consent to search cannot be requested without such suspicion.
Furthermore, Rhode Island’s Comprehensive Community-Police Relationship Act governs searches during traffic stops. It explicitly states that officers cannot lawfully ask to search a vehicle or the driver/passenger without reasonable suspicion or probable cause related to criminal activity.
If a cellphone search is conducted without a warrant absent exigent circumstances, evidence from that search risks exclusion in court. Any searches conducted must be thoroughly documented, including the justification for the search.
Drivers always retain the right to refuse consent to search their phone or vehicle during traffic stops if there is no valid suspicion or warrant. This legal protection aims to balance drivers’ privacy rights while allowing law enforcement to investigate legitimate criminal concerns.
Overall, unless there is a clear legal exception, Rhode Island police must obtain a warrant before searching a phone during a traffic stop, reflecting strong privacy protections in line with federal law.
Motorists should be aware of these rights and can choose to politely refuse consent for any search of their smartphone without a warrant or probable cause. This legal framework encourages law enforcement transparency and accountability while safeguarding individual Fourth Amendment rights against unreasonable searches and seizures.
Sources
(https://law.justia.com/codes/rhode-island/title-31/chapter-31-21-2/section-31-21-2-5/)
(https://www.dot.ri.gov/Safety/docs/CCPRA/CCPRA_31-21-2-1.pdf)
(https://www.dot.ri.gov/safety/distracted_safety.php)
(https://www.providenceri.gov/wp-content/uploads/2021/07/330.03-Search-Seizure.pdf)
(https://webserver.rilegislature.gov/Statutes/TITLE31/31-21.2/31-21.2-6.htm)
