When police pulled Jeremy Payne over for tinted windows, they searched his phone by pressing his handcuffed thumb to unlock it. Evidence found on his phone led officers to his home, where they conducted a drug bust that landed him with a 12-year prison sentence. According to Reason.com, Payne, who was on parole, had limited privacy rights, but this unexpected search raised new questions about digital privacy for drivers. Payne’s case went to the Ninth Circuit Court, which ruled against him due to his parole status. But what if you’re not on parole? Can an officer search your phone during a traffic stop? Here’s what you need to know.

What police can—and can’t—search in your car

Your car and your phone have different legal protections when it comes to searches. Thanks to the “automobile exception” to the Fourth Amendment, police can search your car without a warrant if they have probable cause. If officers see or smell something suspicious, they can legally search your vehicle. Police1.com adds that “exigent circumstances”—like a suspected danger—can also justify a warrantless search of your car.

Your phone, however, isn’t treated like a regular belonging. Because a cellphone contains highly personal data, the Fourth Amendment protects it differently.

Why phones aren’t just another belonging

Unlike a glove box or backpack, a phone holds deeply personal information—texts, photos, maps, and more. In Riley v. California, Chief Justice Roberts stated, “Modern cell phones… hold… the privacies of life” (Police1.com). As a result, police need a warrant to search a seized phone, unless they have consent or there’s a specific reason to believe evidence on the phone is at immediate risk of destruction.

Can police make you unlock your phone?

When it comes to unlocking your phone, the Fifth Amendment’s protection against “self-incrimination” applies. This usually means police can’t force you to give them your passcode. Criminal Defense NE.com confirms, “You cannot be compelled or forced to unlock your phone… without a warrant.” The firm advises, “Even if unlocking your phone could help your case, you should not willingly do so without speaking with an attorney first.”

However, Payne’s case highlights an important exception for those on parole. Because Payne was on parole, his privacy expectations were lower, which ultimately allowed police to search his phone. The court ruled that forcing him to unlock his phone with his thumbprint was like fingerprinting, which is often allowed during an arrest. For the average driver, though, the Fifth Amendment can still protect your passcode.

Exceptions to the rule: consent and exigent circumstances

While police generally need a warrant to search a phone, two exceptions stand out. First, if you voluntarily give them permission, they don’t need a warrant. But consent must be freely given—not under pressure. The second exception, “exigent circumstances,” allows officers to search without a warrant if they believe evidence on the phone could be destroyed. This situation is rare but worth being aware of.

So, what should you do?

If an officer wants to see your phone, stay calm. Politely ask if they’re requesting or requiring access. You have the legal right to refuse to unlock it without a warrant. To secure your phone further, consider locking it with a passcode before any potential traffic stop.

While Payne’s parole status made his case unique, most drivers’ phones remain protected. So while police may search your car with probable cause, your phone should stay private—unless they bring a warrant.