MISSOURI, USA — A nude photo scandal is exposing the need to remind people of their rights during traffic stops.
At least 20 victims claimed a former Florissant police officer told them to hand over their cell phones after the officer pulled them over. He then allegedly stole nude photos from their devices.
The officer is now facing 21 federal charges and is no longer with the department.
In response to the incident, 5 On Your Side wanted to know what drivers' rights are when it comes to police officers and their cell phones.
We dug into the facts to VERIFY.
The question:
During standard traffic stops, are people in Missouri or Illinois required to hand over their cell phones to police officers who request it?
Our sources:
- Corporal Logan Bolton with the Missouri State Highway Patrol
- Master Sgt. Calvin Dye with Illinois State Police
- Jonathan Schmid with the ACLU of Missouri
The answer:
No, drivers are not required to hand over their cell phones if police officers request them during traffic stops.
What we found:
No matter where drivers live, all three experts were crystal clear when asked whether handing over cell phones were a requirement during traffic stops: "Absolutely not."
"You are under no obligation during a traffic stop to surrender your phone. In fact, you should refuse consent to hand over your phone to an officer," Schmid said.
Drivers are guaranteed the right under the Fourth Amendment, which prohibits unreasonable searches and seizures.
In a standard traffic stop, there is usually no need to take out a phone. But, in an increasingly digitized world, many drivers are opting to hold insurance cards on their provider's phone app.
The 5 On Your Side team confirmed cell phones are a perfectly legal and acceptable way to store proof of insurance, but there is still no reason an officer needs to take your phone to verify the information physically.
"As long as we still see it, and can either write down a policy number and the name of the agency, or take a picture of it ourselves," Bolton said.
This right, however, only applies to standard traffic stops. If police accuse you of a crime and obtain a warrant, they can seize cell phones as evidence.
But we can VERIFY: No, drivers do not need to hand over their cell phones during standard traffic stops if a police officer requests it.
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