- Utah law and the U.S. Constitution require police to obtain a search warrant before searching your phone during a traffic stop or any other encounter. This is because your phone contains significant personal and private information, and both state and federal courts recognize a strong expectation of privacy in your digital devices.
Utah’s Electronic Information or Data Privacy Act
- In 2019, Utah enacted the Electronic Information or Data Privacy Act, which specifically bars law enforcement from accessing the data on your phone or other electronic devices without a warrant, except in very limited circumstances.
- The law covers all data stored on or transmitted from your phone, including texts, emails, photos, and location data.
Exceptions to the Warrant Requirement
Police may only search your phone without a warrant if one of these exceptions applies:
- Consent: If you voluntarily give police permission, they can search your phone without a warrant.
- Exigent Circumstances: If there is an immediate threat, such as the risk that evidence will be destroyed or someone’s safety is at risk, police may conduct a warrantless search.
- Search Incident to Arrest: While police can search your person and immediate surroundings after a lawful arrest, the U.S. Supreme Court has ruled this does not automatically allow them to search your phone’s contents-they still need a warrant.
What If Police Take Your Phone?
- Police may seize your phone as evidence during a traffic stop or arrest, but they cannot search its contents without a warrant unless an exception applies.
- If your phone is searched without a warrant or valid exception, any evidence found may be suppressed in court.
Your Rights During a Traffic Stop
- You do not have to consent to a search of your phone. You can politely decline if asked.
- You are not required to provide your password or unlock your device without a court order.
Utah police cannot search your phone during a traffic stop without a warrant, unless you give consent or a rare emergency exception applies. Your digital privacy is strongly protected under both state and federal law.
Sources
[1] https://www.utahcriminallaw.net/can-the-utah-police-search-your-phone-without-a-warrant/
[2] https://www.utahcriminallaw.net/can-police-take-your-phone-as-evidence-utah/
[3] https://wasatchdefenselawyers.com/utah-search-seizure-rights/
[4] https://natlawreview.com/article/new-utah-privacy-law-expands-warrant-requirement-individuals-data-held-electronic
[5] https://www.southernutahdefense.com/criminal-defense/2024/11/05/how-do-search-warrants-work-in-utah/
