NCSO Sergeant Practice Test 2025 - Free NCSO Practice Questions and Study Guide

The correct action that a law enforcement officer cannot take while waiting for a warrant to access a driver's phone is to confiscate the driver's phone. This is because, without a warrant, officers do not have the legal authority to seize personal property, including electronic devices like smartphones. The Fourth Amendment protects citizens against unreasonable searches and seizures, which includes the contents and the device itself until a warrant is obtained.

On the other hand, officers are fully within their rights to request the driver's identification, which is standard procedure during a traffic stop. They can also patrol the area while waiting for the warrant, ensuring public safety and continuing their duties. Informing the driver of the warrant is permissible as well since it is part of maintaining transparency and lawful process in their interaction. However, confiscating the phone without a warrant would violate the driver’s rights and could lead to legal repercussions for the officer.