When can police search my cell phone in California? (2024)

In general,the police are not allowed to search your cell phone without itsearch warrantidentifying the entity to be searched for and the evidence sought. Even if the police confiscate your cell phone when they arrest you, they cannot search the data on your phone until they doget an order first.

However, police can legally search your cell phone without a warrant if you do sopermissionfor searching or when you are onprobationofconditional release.

Police may also be able to circumvent the warrant requirement, if there is oneurgent circ*mstances, for example when a search is needed to:

• capture a fleeing suspect;
• prevent evidence from being destroyed; and or
• to prevent imminent danger or physical harm to anyone.

1. Can the police search your mobile phone without a warrant?

Generally no. ThatSupreme Court of the United StatesiRiley vs. Californiahas decided that the policegadgeta valid search warrant based onpossible cause, before they can perform a search on their mobile phone.¹

This court decision is in accordance withFourth AmendmentvanConstitution of the United Statesagainst which people are protectedunreasonable searches and seizuresby the government.

Please note that if aJudge from Californiaissues a search warrant for cell phone data, the warrantmust describethe specific:

• cell phone to be searched and
• looking for proof.²

The police are said to be working on oneillegal searchif she:

• search for a phone other than that described in the warrant, or
• obtain evidence other than that described in the warrant.³

Example:A judge issues a warrant authorizing police to search John's cell phone for evidence related to certain mattersgang activity.

The police execute the arrest warrant and find no gang-related evidence. However, during the search they find nude photos of children.

Here, a prosecutor could not prosecute John for child p*rnography. This is because the search warrant did not mention anything about a search for explicit images of a minor.

2. What about a warrantless search if there are exigent circ*mstances?

California lawstates that the police must search your phonewithout commandif there are urgent circ*mstances.⁴

“Urgent circ*mstances' exists when the police need to quickly search a phone to prevent:

• bodily harm or imminent danger to anyone,
• destroying evidence of a crime, or
• flight of a fleeing suspect.

However, please note that inRuling of the Supreme Court of the United Stateswho foundedclaim for injunctionIn mobile phone searches, police tried to justify a warrantless search by citing exigent circ*mstances.⁵

However, the courtturned downthat argument. This means that while exigent circ*mstances may still technically support a warrantless search of your phone, this exception to the warrant requirement may have consequenceslimits.

3. Can the police carry out a search without a warrant if you give permission?

Most of the time.California lawsays law enforcement agencies can search your cell phone data without a warrant, provided you do sopermissionofagreedfor the search.⁶

But please note that your consent must be given:

• making out
• voluntarily.⁷

For example the policecan notif you accept the search, search your phone for:

• the police have threatened you with physical violence,⁸of
• The authorities said they had a warrant to search your phone (but they actually didn't).⁹

4. What about searches if you are on probation or parole?

The policecurrentbe able to search the personal information on your phone, without a warrant, while you are on probation or parole.

People on probation or parole usually must meet certain conditionsconditionsInconditions(e.g., attending counseling or agreeing to obey the law).

One such condition is acceptancesearches without guaranteeby the police. If this is one of the conditions of your probation or parole, then law enforcement is involvedbe able tosearch your phone without a valid search warrant.

5. Can the police confiscate your phone after you have been arrested?

Usually because of the SITA doctrine (Search Incident to Arrestation). The policecan in generalconfiscate your phone after they legally arrest you. They can also do it without a command.¹⁰

If the authorities confiscate your phone, they canapply for a warrantto search your phone if they have itpossible causethat there is evidence of a crime.¹¹

6. What if the police search your home without a warrant?

If the police search your phone without a warrant or without the authority to do so under an exception warrant, then you have the legal right to a “motion to suppress evidence” according to Penal Code 1538.5.

INmotion to suppress evidenceis a preparatory proposal in which you or your criminal lawyer requests this from the courtto rule outevidence because it was collected from aillegal search.¹²Pay attention that "only rule' is the law that says a judge must do thatto rule outevidence from a case, if obtained illegally.

If a judgeaccepts your proposal, then the public prosecutorblockedof the use of evidence contrary to the law.

7. Should you contact a criminal defense attorney?

Yes. If the police have searched your mobile phone, you must submit a requestlegal assistanceof a lawyer or law firm.

The legislation in this area iscomplexand that is often the casechange. An experienced attorney will help you break down and explain the laws and regulations that apply to your case.

A lawyer can also advise whether the police have made onelegal search.

If the facts show that a search query was incorrect, yourcriminal lawyermay file a motion to suppress evidence on your behalf.

The proposal could ultimately lead to adecreaseunder your care or directlydismissalof a tax.

In ourexperience, persons represented by a defendergreater protectionagainst illegal search and seizure.

Read further

For more in-depth information, check out these scientific articles:

• A mobile phone confiscation incident to arrest: data mining equipment, Faraday bags or aluminum foil as a solution to the mobile phone search problem–William en Mary Bill of Rights Journal.
• Traffic fine reasonable, cell phone search not: Applying the search incident to arrest exception to the cell phone as a hybrid–Drake Law Review.
• Protecting Privacy in Digital Life: Riley v. California, the Special Claims of the Fourth Amendment, and Search Protocols for Cell Phone Search Warrants–Boston College Law Review.
• Password Protected – Can a password save your cell phone from search incident to arrest–Iowa Law Review.
• The Post-Riley Search Warrant: Search Protocols and Special Conditions in Cell Phone Searches–Vanderbilt Law Review.