Legal Question in Traffic Law in California

When being pulled over while driving for a potential phone usage violation, are you required to show or grant access to your phone to officers? If I'm unsure about what I'm obligated and not obligated to do, can I ask the cop to record a statement on my phone claiming that he does have the right, in order to protect myself in court? If he refuses, but claims to have the right to search, but I end up finding out he doesn't, can that evidence still be used against me, even though I wasn't sure of the law, and I granted access under false impressions disseminated by the officer?


Asked on 10/03/14, 2:56 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

A police officer has no duty to comply with your request for a statement. If a police officer asks you for your phone, the best response is to say, "I do not consent to any search of my phone, but if you are ordering me to give you the phone, I have no choice and I will comply." Questions regarding legality and admissibility can be determined later in court.

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Answered on 10/03/14, 9:10 pm


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