New Mexico police generally cannot search your phone during a routine traffic stop without your consent, a warrant, or specific exceptions like exigent circumstances. The Fourth Amendment and New Mexico Constitution protect against unreasonable searches, requiring probable cause for device access.
Fourth Amendment Basics
Federal law, via Riley v. California (2014), mandates warrants for phone searches incident to arrest due to vast personal data stored digitally. Traffic stops alone rarely justify this unless evidence of a crime (e.g., visible drugs) provides probable cause.
New Mexico Protections
Article II, Section 10 of the state constitution mirrors federal standards but offers stronger privacy safeguards, prohibiting searches without a warrant describing the place and probable cause under oath. Telephonic warrants exist for emergencies, but not routine stops.
Traffic Stop Scenarios
Officers may ask for your phone but lack authority to demand unlock/passcodes without consent. Refusal can’t justify arrest solely on that basis. Inventory searches post-arrest allow limited access if booked, but data extraction needs a warrant.
Exceptions Allowing Access
- Consent: Voluntarily handing over or unlocking waives rights—say “no” politely.
- Plain View: Illegal content visible on screen (e.g., child exploitation) permits seizure.
- Exigent Circumstances: Imminent evidence destruction or public safety threats.
- Search Incident: Post-arrest for vehicle-related crimes, but Riley limits cell data.
- Automobile Exception: Probable cause for vehicle search extends to phones if tied to contraband.
Warrant Requirements
Telephonic warrants, upheld in State v. Boyse, allow off-hours approval if probable cause is shown audibly, but judges scrutinize scope—phones limited to specified data. Evidence from invalid warrants gets suppressed via motions to suppress.
Practical Rights
Remain silent beyond basics (name, registration); ask “Am I free to go?” Record interactions if safe. Unlocked phones risk broader exposure—lock before stops. NM courts exclude illegally obtained data, potentially dismissing cases.
Officer Tactics
Some request “quick checks” for warrants or texts—decline without counsel. Body cams document refusals, protecting against retaliation claims. ACLU of New Mexico advises free consultation post-incident.
Recent Context
No 2026 changes alter Riley; HB58 targets phone crimes but not searches. DPS enforces uniformly, with Santa Fe policies stressing constitutional compliance.
SOURCES:
- https://newmexicocriminallaw.com/can-search-warrants-be-issued-by-phone/
- https://www.abajournal.com/news/article/search_warrants_obtained_by_telephone_are_permissible_in_new_mexico_states_
