Police in Vermont generally cannot search a person’s cell phone during a traffic stop without a warrant or the driver’s consent. This is grounded in privacy protections recognized under both Vermont law and the U.S. Constitution, as cell phones contain extensive private information and are considered different from other physical items during a search. The Vermont Supreme Court has ruled that obtaining real-time cell site location information or searching digital devices requires judicial oversight unless exceptional circumstances apply.
In typical traffic stops, officers need probable cause or explicit consent to search a phone. If an officer asks to search a phone and the driver agrees, that consent makes a warrant unnecessary. However, refusal to consent generally prevents the search unless the police obtain a warrant based on probable cause. This is in line with the 2014 U.S. Supreme Court decision in Riley v. California, which ruled that police must obtain a warrant before searching a phone seized during an arrest.
Vermont law enforcement policies also emphasize respecting constitutional rights during vehicle stops. Officers can search a vehicle if there is probable cause or during an arrest incident, but containers like cell phones demand higher privacy consideration. Vermont policies require particularized suspicion and probable cause related to a crime before searching digital contents, and any search incident to arrest must meet strict legal standards to protect individual privacy.
Proposed legislation in Vermont has attempted to ease the enforcement of distracted driving laws by allowing warrantless phone searches by police under reasonable suspicion of violation. However, civil liberties groups have raised concerns about such laws eroding privacy rights. As of 2025, these proposals have not been enacted and continue to be debated to balance road safety with privacy protections.
For Vermont drivers, the key takeaway is that without consent or a warrant, police generally cannot legally search a phone during a traffic stop. Drivers should know their rights, calmly refuse warrantless phone searches if they choose, and understand that illegal searches may be challenged in court to exclude improperly obtained evidence.
Sources
(https://www.vermontpublic.org/vpr-news/2016-01-11/proposed-bill-would-allow-warrantless-cell-phone-searches)
(https://www.stowevt.gov/files/assets/town/v/1/police/documents/general-orders/2.13-motor-vehicle-stops-searches.pdf)
(https://www.criminallegalnews.org/news/2023/apr/15/vermont-supreme-court-announces-pinging-cellphone-obtain-real-time-csli-constitutes-search-requiring-warrant-or-recognized-exception/)
(https://www.acluvt.org/en/know-your-rights-police-interactions)
(https://en.wikipedia.org/wiki/Stop_and_identify_statutes)8
