Can the police check my phone while driving?

The short answer

The police can inspect your phone to determine if you used it while driving, but only in a limited way. They may, for example, check the last calls or messages to determine if there was hands-free use. However, a full search of your phone's contents is not allowed without a court order. You are required to hand over your phone for this limited inspection. Refusing can lead to an additional fine for not cooperating with the control.

What does the law say?

The use of mobile phones while driving is regulated in Article 61a of the Regulations on Traffic Rules and Traffic Signs (RVV). The police have the authority to check whether traffic violations have been committed. However, strict rules from the Code of Criminal Procedure apply to searching phone contents. An extensive search of your phone requires a court order, unless there are very special circumstances.

What should you pay attention to?

Pay close attention that you always hand over your phone immediately when the police request it, as refusal can result in an additional fine. Make sure your hands-free setup is clearly visible, such as earbuds or a car kit. Be honest about your phone use while driving, as lying to the police can worsen the situation. Always ask about the reason for the inspection and what exactly they want to check on your phone.

Example from practice

Suppose you are stopped because the police saw you making a call while driving. You claim that you were using a hands-free setup with earbuds. The officer may then check your phone to see when the last call took place and whether this matches the time you were observed. They may also check for recent messages. However, they cannot browse through your photos, apps, or old messages. This limited inspection is allowed to establish the violation.

What can you do?

Take these concrete steps to prevent problems and protect your rights.