Legal Question in Civil Rights Law in Illinois
do police have a right to search cell phones during simple traffic stops
4 Answers from Attorneys
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.
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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.
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.
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