Generally, yes. The United States Supreme Court held in Riley v. California that police need a warrant to search the digital contents of a cell phone, even after a lawful arrest. Police can seize the phone while they apply for a warrant, but they usually cannot look through it without one unless you consent or a genuine emergency exists. Do not unlock your phone or give your passcode without talking to a lawyer.
Key takeaways
- Police generally need a warrant to search the contents of your phone.
- Officers can hold the phone while they seek a warrant.
- Giving consent can waive the warrant requirement.
- Historical cell location records also generally require a warrant.
- Evidence from an unlawful phone search can be suppressed.
What did Riley v. California decide?
Before 2014, police often searched phones found on people they arrested. In Riley v. California, the Supreme Court unanimously held that the digital data on a phone is different from items in your pocket and that police generally must get a warrant before searching it. The Court recognized that a phone can reveal far more about a person than a search of their home.
When can police search a phone without a warrant?
- Consent. If you unlock the phone or agree to a search, the warrant requirement may not apply.
- Emergencies. True exigent circumstances, such as an imminent threat, can justify a limited search.
- Probation conditions. Some probation terms allow searches.
Police can also ask a phone company or app provider for records, but many of those requests require a warrant or court order.
Facing this situation in Broward County? Talk to a defense attorney today.
What should you say if police ask for your passcode?
You can say, "I do not consent to any search, and I want a lawyer." Do not physically resist if officers take the phone. Let your attorney challenge the search later. Unlocking the phone yourself can turn a search that needed a warrant into a voluntary one.
How is phone evidence challenged?
A defense attorney can file a motion to suppress if the phone was searched without a valid warrant or consent, if the warrant was overly broad or if the search went beyond what the warrant allowed. Suppressing messages, photos or location data can weaken or end a case. Learn more about how criminal charges get dismissed.
Frequently asked questions
Can police take my phone when I am arrested?
Yes. Officers can seize the phone, but they generally need a warrant to search its contents.
Do I have to give police my phone passcode?
You can decline. Talk to a lawyer before giving a passcode or unlocking the phone.
Can police search my phone at a traffic stop?
Not without consent, a warrant or a true emergency. Politely decline and ask for a lawyer.
Can texts be used against me in court?
Yes, if they were lawfully obtained. Messages obtained through an unlawful search can be challenged.
Related practice areas
Practice areaCriminal Defense Attorney
Practice areaWhite Collar Crime Defense Attorney
Practice areaDrug Crimes Defense Attorney
Keep reading
Arrests & CourtWhat To Do If You Are Arrested in Fort Lauderdale
Arrests & CourtArrested in Fort Lauderdale While Visiting? What Out of State Visitors Need To Know
Arrests & CourtUnderstanding Probation Violation in Broward County
Arrests & CourtThe Importance of Legal Representation in Criminal Cases
This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.