Police cannot search through your cell phone without a warrant, unless you consent. In Riley v. California, the United States Supreme Court ruled that police violate your Fourth Amendment right against unreasonable searches and seizures when they look through your cell phone without a warrant.
Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.
The Supreme Court observed: “Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple — get a warrant.“
When police search your cell phone without a warrant, and without your consent, any evidence found cannot be used against you in court, absent rare exceptions. Your criminal defense lawyer can file a motion to suppress evidence to have the evidence dismissed.
Call 863-774-4556 for a free consultation with Board Certified Criminal Trial Lawyer Tonmiel Rodriguez. Hablamos Español.