Legal Question in Civil Rights Law in Illinois

do police have a right to search cell phones during simple traffic stops


Asked on 8/07/11, 10:01 pm

4 Answers from Attorneys

Daniel Concannon LAW OFFICES OF DANIEL B. CONCANNON

This is an unsettled area of law in Illinois. I personally think it does violate the Fourth Amendment even where the underlying charge is texting while driving. A password protected phone is of greater protection from such intrusions.

The practice of a police officer demanding to see such a phone in order to discover incriminating evidence is arguably Fourth Amendment violation with the exception that if one consents, it is perfectly legal.

Unfortunately, many people consent when faced with an authoritarian demand.

However, this is an unsettled issue of law.

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Answered on 8/20/11, 11:02 am
Daniel Concannon LAW OFFICES OF DANIEL B. CONCANNON

This is an unsettled area of law in Illinois. I personally think it does violate the Fourth Amendment even where the underlying charge is texting while driving. A password protected phone is of greater protection from such intrusions.

The practice of a police officer demanding to see such a phone in order to discover incriminating evidence is arguably a Fourth Amendment violation with the exception that if one consents, it is perfectly legal.

Unfortunately, many people consent when faced with an authoritarian demand.

However, this is an unsettled issue of law.

Read more
Answered on 8/20/11, 11:07 am


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