Can police search your phone without permission?

Question

Hripsime Bagdasaryan · Accepted Answer

So the question is, can the police search your phone without permission?

This will vary state to state because the law is really evolving around this topic,

but the main Supreme Court case, Riley v. California, that has established the law has

established that no, police cannot search your phone unless they have a warrant.

It is protected under your Fourth Amendment rights to unreasonable searches and seizures.

Now they can't search your phone unless they have a warrant, unless you give them consent,

unless there's some exigent circumstances, meaning like an urgent situation where they

need to prevent harm from somebody or destruction of evidence or tracking a suspect, then they

might be able to search your phone without a warrant.

Even a search incident to a lawful arrest, meaning if you are lawfully arrested, they

can take your phone, but usually they still can't search it unless there's a warrant for

that phone.

Sometimes at the U.S. border or like airports, the rules are different there, so they may

be able to do a basic search of your phone without a warrant because it's broader rules

there, but generally the answer is no.

They cannot search your phone if they don't have a warrant, they can't search your phone

if you don't give them consent, and they can't search your phone if there is no emergency

situation.

So the best course of action is to always say, I do not consent to a search, and don't

unlock your phone for them unless you choose to.

Okay?

Hope that helps.