- Supreme Court Precedent: The U.S. Supreme Court’s unanimous 2014 decision in Riley v. California established that, except in rare emergency situations, police need a warrant to search the data on your cellphone-even if you are arrested. The Court recognized that cell phones contain vast amounts of personal information and are protected by the Fourth Amendment.
- Vermont Law: There is currently no Vermont law that allows police to search your phone without a warrant during a routine traffic stop. The ACLU of Vermont confirms that police can search you, but not your phone, with or without consent, unless you give them permission or they have a warrant.
Proposed Legislation
- Recent Proposals: Vermont lawmakers have introduced bills that would allow police to search or seize cell phones without a warrant in the context of enforcing distracted driving laws. However, as of now, no such law has been enacted. These proposals have faced significant opposition from privacy advocates and have not become law.
Exceptions
- Emergencies: The Supreme Court ruling allows for exceptions in extraordinary circumstances, such as imminent threats to safety (e.g., child abduction or bomb threats). In such cases, police may be able to search your phone without a warrant.
- Consent: If you voluntarily give police permission, they may search your phone.
What to Do If Asked
- You have the right to refuse a search of your phone. Politely state, “I do not consent to a search of my phone.” Do not physically resist or interfere.
Table: Vermont Police and Phone Searches During Traffic Stops
| Scenario | Can Police Search Your Phone? | Notes |
|---|---|---|
| Routine traffic stop | No, unless you consent or they have a warrant | Supreme Court and Vermont law protect your privacy |
| Arrested during stop | No, unless they obtain a warrant | Same protections apply |
| Emergency/exigent circumstances | Possibly, if immediate threat exists | Rare exceptions |
| Proposed distracted driving laws | No, not currently law | Bills have not passed as of 2025 |
Vermont police cannot search your phone during a traffic stop unless you give consent, they have a warrant, or there is a true emergency. Proposed laws to allow warrantless searches have not been enacted. Your digital privacy is strongly protected under both state and federal law.
Sources
[1] https://www.acluvt.org/en/know-your-rights-police-interactions
[2] https://www.vermontpublic.org/2014-06-25/high-court-says-police-need-a-warrant-for-most-cellphone-searches
[3] https://www.scworld.com/news/vermont-bill-would-allow-police-to-seize-cell-phones-without-warrant
[4] https://www.vermontpublic.org/vpr-news/2016-01-11/proposed-bill-would-allow-warrantless-cell-phone-searches
[5] https://rutlandlawyers.com/can-get-stopped-avoid/
