During a routine traffic stop in New Hampshire, police generally cannot search your phone without a warrant.
The U.S. Supreme Court has ruled that cell phones are fundamentally different from other personal items due to the vast amount of private information they contain, so a warrant is typically required to access their contents—even if the phone is seized incident to an arrest.
There are, however, several key exceptions to the warrant requirement:
Consent: If you voluntarily consent to a search of your phone, police do not need a warrant. You are not required to consent, and you have the right to politely decline any request to search your phone or other property. In New Hampshire, if consent is given, law enforcement must document it, either with your signature on a consent form or by video/sound recording, and inform you of your right to refuse.
Exigent Circumstances: Police may search your phone without a warrant if there is an immediate threat to safety, risk of evidence destruction, or a suspect’s escape. This exception is narrowly interpreted and rarely applies to cell phones during routine traffic stops.
Plain View Doctrine: If evidence of a crime is in plain view (for example, a phone displaying illegal activity), police may seize the phone, but they generally still need a warrant to access its contents unless another exception applies.
Search Incident to Arrest: After a lawful arrest, police may search the person and the immediate area for weapons or evidence. However, under current Supreme Court precedent, this does not automatically authorize a full search of the contents of a cell phone; a warrant is usually still required to access data on the phone.
New Hampshire police cannot legally search your phone during a traffic stop without a warrant, your consent, or a valid exception such as exigent circumstances. You have the right to refuse consent, and refusing cannot be used as a basis for arrest or further detention.
Sources:
1. https://www.citizenscount.org/issues/law-enforcement-surveillance
2. https://scholarship.shu.edu/cgi/viewcontent.cgi?article=1003&context=student_scholarship
