If you’re driving in Iowa and are stopped by the police, you may wonder if they can search your phone. A recent Iowa Supreme Court decision sheds light on this issue, providing guidance on when law enforcement officers can stop a vehicle and investigate cell phone use.
The Case: State v. Struve
In February 2025, the Iowa Supreme Court delivered a split decision in the case of State v. Struve, which involved an officer’s stop based on observing a driver, Steven Struve, looking at his cell phone while driving.
Struve was convicted of possessing methamphetamine after a search of his vehicle, but he argued that the police stop was an unreasonable seizure that violated his constitutional rights.
The Court ruled 4-3 in favor of allowing the search, affirming that the officers had reasonable suspicion to pull over Struve’s vehicle, based on their observation of him looking at his cell phone for about 10 seconds while driving.
This led to the discovery of a methamphetamine pipe and a baggie of drugs during a subsequent vehicle search.
Understanding Reasonable Suspicion
Under Iowa law, specifically Iowa Code Section 321.276, using a cell phone while driving is prohibited for actions such as sending or viewing texts, emails, or browsing social media. However, using the phone for activities like GPS navigation or making phone calls is allowed.
The Iowa Supreme Court determined that when officers observed Struve holding his cell phone in front of his face while manipulating the screen, this action gave them a reasonable suspicion that Struve might be violating the law.
Given that many drivers admit to using their phones for texting or social media while driving, the Court concluded that the officers had valid reason to stop Struve’s vehicle and investigate further.
The Court’s Ruling
Justice Dana Oxley, who wrote the majority opinion, emphasized that the officer’s observations were enough to justify the traffic stop.
According to the Court, the officer’s decision to stop Struve was not based on a vague guess but on the fact that holding a phone for a prolonged period while manipulating the screen was a clear sign that Struve could be engaging in illegal activity.
The Court pointed out that its decision did not mean that officers could stop any driver seen using a phone, but that in cases like Struve’s, where there was clear suspicion, a stop was justified.
Oxley stated that the whole point of allowing officers to make brief stops was to investigate any ambiguity surrounding potential illegal behavior.
The Dissenting Opinion
On the other hand, Justice Matthew McDermott, in his dissent, raised concerns about the difficulty of determining exactly what a driver is doing with their cell phone.
McDermott argued that, especially when officers are driving alongside a vehicle, it is hard for them to know whether the phone use is for something prohibited (like texting) or something allowed (like GPS navigation).
He expressed concern that relying on “common sense” rather than specific observations could lead to the violation of citizens’ constitutional rights.
McDermott noted that Struve was not charged with using his phone illegally (for texting or browsing), but instead was convicted for drug possession after the vehicle search.
He argued that police should have a clearer basis for suspicion before making such stops, to prevent potential abuse of authority.
What This Means for Drivers in Iowa
So, what does this decision mean for you if you’re driving in Iowa? The Iowa Supreme Court’s ruling clarifies that police can stop a vehicle if they reasonably suspect that the driver is violating the law by using their cell phone in an illegal way.
If officers observe behavior like holding the phone up to the face for a prolonged period, they may have the legal grounds to pull over the driver and investigate.
However, it’s important to note that this doesn’t mean police can stop anyone using a cell phone. If they can’t clearly observe illegal activity, they shouldn’t be stopping you based solely on your phone use.
If you’re stopped, it’s essential to know your rights, including your right to remain silent and the need for officers to have a valid reason for a search.
While the law allows officers in Iowa to stop drivers if they suspect illegal cell phone use, it is a reminder of the balance between law enforcement duties and constitutional protections against unreasonable searches.
It’s essential to understand that police can’t simply stop anyone using a cell phone — they need reasonable suspicion based on what they can clearly observe. For drivers, being mindful of how and when you use your phone while driving can help avoid unnecessary stops and legal issues.
