Can police search my phone? Yes, police can search your phone, but they need a warrant in most cases. That protection is given by our Fourth Amendment Rights and the Supreme Court case Riley Vs. California (2014).
This means your phone, which likely contains personal photos, messages, emails, and financial records, is treated differently from other objects like a wallet or bag. However, there are exceptions to this rule, and you need to understand your rights if you’re ever asked to hand over your device.
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What the Law Says About Police in Missouri Searching Your Phone
98% of Americans have a cell phone, almost 331 million people. Because of this, there has been a lot of legal back-and-forth concerning when law enforcement can and cannot search them.
Fourth Amendment Protections
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. This means police generally cannot search your phone without a warrant.
Unlike objects like wallets or bags, which police can search during an arrest, your phone is treated like your home, locked containers, or private mail because of the vast amount of private data it holds. Many people’s cell phones have everything from photos and messages to financial and health information.
Riley v. California (2014)
The landmark Supreme Court decision in Riley v. California made it clear that a warrant is required to search a phone, even when it’s seized during an arrest. The court recognized that modern smartphones are essentially digital extensions of our lives, containing far more personal information than any physical object.
Chief Justice Roberts emphasized that the data on a phone requires special protection under the Fourth Amendment, saying:
Cell phones differ in both a quantitative and a qualitative sense from other objects that might be kept on an arrestee’s person. The term “cell phone” is itself misleading shorthand; many of these devices are in fact minicomputers that also happen to have the capacity to be used as a telephone. They could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.
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.
Missouri Law
Article I, Section 15 of the Missouri Constitution reinforces an individual’s rights against unreasonable search and seizure.
Additionally, in August 2014 74.65% of Missouri voters voted in favor of the Missouri Electronic Data Protection, Amendment 9, which specifically added electronic communications and data to Missouri’s prohibition against unreasonable searches and seizures.
Scope of a Warrent
Even when police obtain a warrant, they are limited in what they can search. The warrant must specify what they are looking for, such as text messages related to a particular incident. Officers cannot exceed the boundaries of the warrant, meaning they cannot browse unrelated files or apps unless explicitly authorized.
Exceptions to the Warrant Requirement
While the general rule is that police need a warrant to search your phone, there are some exceptions:
1. Consent
If you voluntarily allow the police to search your phone, they can proceed without a warrant, just as they would if you consented to a search of your home.
If you unlock your phone and hand it to them, or show them certain messages or content, that can be interpreted as permission for complete access.
Tip: You are not required to consent to a search. Politely but firmly state, “I do not consent to a search of my phone.”
Exigent Circumstances
In emergency situations, police can search your phone without a warrant.
For example, if there’s a threat to someone’s safety, like during a kidnapping or an active robbery, and police believe information on your phone can help them stop the crime, they may be able to search it without your consent. This can include using Face ID to open it even if you are unwilling to give them the code.
If police believe evidence on your phone of an already committed crime could be destroyed before they obtain a warrant, they may also be able to search your phone without your consent.
Plain View Doctrine
While police cannot search your home without a warrant, they can use any evidence they can see from outside the home. For example, if they can see drugs on the table through a window, they can use that as evidence that you possessed drugs, even if though you did not consent to a search of your home.
The same goes for cell phones. If the screen is on and shows incriminating evidence in plain view, they may act on it and use it as evidence. However, this does not give them permission to dig further into your device.
How Police Might Ask to Search Your Phone Without a Warrant
Police use several tactics to try to gain access to your cell phone without a warrant:
- Police may simply ask, “Do you mind if I take a look at your phone?” They may frame it as a routine check or make it seem like cooperating will help your case. Remember: You have the right to say no.
- Officers might imply that allowing a search will make the process quicker or lead to leniency. For instance, they might say, “If you’re innocent, you shouldn’t have anything to hide.” This is a tactic to get you to waive your rights.
- Police might suggest they can access your phone with or without your help. For example, they may mention advanced technology or say they’ll get a warrant anyway. Until they have one, they cannot legally search your phone unless you consent. Remember, police are legally allowed to lie to you during an investigation.
- If your phone uses fingerprint or facial recognition, some officers may attempt to hold it to your hand or face to unlock it. While laws around biometric unlocking are still evolving, you can state that you do not consent to any form of access.
Handing over your phone, even briefly, or leaving it unlocked in the officer’s presence could be interpreted as consent. Always keep your device secured and locked during interactions with law enforcement.
What to Do If the Police Ask to Search Your Phone
If law enforcement asks to search your phone, stay calm and politely assert your rights. Getting angry or defensive could escalate the situation.
Use a clear, firm statement like: “I do not consent to a search of my phone.” This will make it clear that you are exercising your constitutional rights.
If the police claim they have the authority to search your phone, ask to see the warrant. Without one, they generally cannot proceed unless an exception applies.
If the situation escalates or you’re unsure of your rights, call an experienced St. Louis criminal defense attorney as soon as possible. They can provide guidance and ensure your rights are protected. Combs Waterkotte is available 24/7 to come and defend you at the scene if necessary.
How a St. Louis Criminal Defense Lawyer Can Help Protect Your Rights
Having an experienced lawyer on your side is essential when dealing with police requests to search your phone.
If police search your phone without a warrant or valid exception, your lawyer can file a motion to suppress any evidence they find. This could lead to the evidence being excluded from your case entirely.
Your lawyer will ensure law enforcement follows proper procedures and doesn’t pressure or trick you into waiving your rights.
Your attorney will guide you on how to respond to law enforcement requests and handle interactions without jeopardizing your case.
If charges are filed, your lawyer will use every legal tool available to protect your rights, challenge evidence, and fight for the best possible outcome.
Police Asked to Search Your Phone? Call Combs Waterkotte
Combs Waterkotte’s experienced attorneys have helped countless clients in Missouri stand up for their rights against improper searches.
If the police have asked to search your phone or you’re facing legal issues involving digital privacy, don’t wait to get help. The earlier you involve an experienced lawyer, the better your chances of protecting your rights and minimizing potential damage.
Contact Combs Waterkotte online or call (314) 900-HELP today for a free consultation. Let us help you take control of your situation and protect your future.
