What must a law enforcement officer do before searching a driver's phone?

A law enforcement officer must inform the driver of their right to decline consent before searching a driver's phone to ensure that the driver is aware of their rights and can make an informed decision. This is a critical component of respecting individual rights and adhering to legal standards regarding searches and seizures.

By informing the driver of their right to decline consent, the officer provides transparency in the process. This can also help in establishing that any consent given is voluntary and not coerced, which is important for the legality of the search under Fourth Amendment protections. Any evidence obtained without proper consent or in violation of these rights may not be admissible in court.

While obtaining verbal consent and possibly asking the driver to unlock the phone are steps that may follow, the initial requirement to inform them of their rights is foundational in maintaining lawful and ethical conduct during interactions with the public. Showing a badge does not convey information regarding rights and consent, which is why it is not the primary requisite in this scenario.