Florida Department of Law Enforcement (FDLE) Practice Exam

Which of the following scenarios would require a law enforcement officer to have a search warrant?

1. Searching a vehicle during a traffic stop

2. Accessing a locked cell phone

3. Checking for expired vehicle registration

4. Reviewing dashboard camera footage

The correct answer is: Accessing a locked cell phone

Accessing a locked cell phone requires a search warrant because it involves a significant expectation of privacy. The Fourth Amendment protects individuals from unreasonable searches and seizures, and courts have generally ruled that digital data, particularly when stored on personal devices like cell phones, is highly protected. When a cell phone is locked, the data contained within it is considered private and protected from unauthorized access. Law enforcement officers must demonstrate probable cause to a judge to obtain a warrant before they can legally search the contents of a locked cell phone. This standard ensures that individuals' privacy rights are upheld, even in the context of a criminal investigation. In contrast, the other scenarios do not typically require a search warrant. For instance, searching a vehicle during a traffic stop is generally allowed under the automobile exception, which permits officers to search vehicles based on probable cause. Checking for expired vehicle registration is a routine part of law enforcement duties and does not intrude into personal privacy. Reviewing dashboard camera footage is not considered a search under the Fourth Amendment, as it is typically recorded in a public setting without the same expectation of privacy.