Can A North Dakota Cop Legally Take Your Phone During A Stop?

Not many things make your heart race more than seeing those red lights in your rearview mirror.

It's been many, many years since I was last pulled over by police (knock on wood).  I believe the last time was about 20 years ago in the small town of LaMoure, North Dakota.  A police officer got me for accelerating to 55 right before the 55 sign as I left the town.  I thought it was pretty ticky tack but I paid my fine and moved on with my life.

These days you can get pulled over by law enforcement for multiple reasons in North Dakota.

Speeding, of course, the seatbelt law, drinking and driving, and distracted driving.  Speaking of distracted driving have you ever wondered if a police officer can ask to see your phone if you are pulled over and if you are required to hand it over to him?

For that answer, I sat down with one of Bismarck's finest from the Bismarck Poice Department, and here's what he had to say on the subject.

Are you required by law to hand over your phone to a cop when pulled over in North Dakota?

The short answer is NO, you are not legally required to hand over your phone to police during a traffic stop.  However, an officer may ask to see your phone.  Again, the individual doesn't have to show it.  However, according to the police officer I spoke with, if it's suspected use of an electronic communication device while driving, it would be in your best interest to show it to him to prove you were innocent.

Adults are exempt from some items when it comes to the use of electronic devices such as music, GPS, or answering a call. Juveniles however cannot use their phone while driving at all unless it's an emergency situation.  This is according to NDCC 39-08-23 and 39-08-24.