Can Police Search Your Phone? What the Law Allows in California

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Your phone holds more about you than almost anything you own: messages, photos, location history, banking, health data, and your contacts. The law recognizes that. Police usually need a warrant to search it, but there are exceptions, and what you say and do in the moment can matter.

The general rule: get a warrant

In Riley v. California, 573 U.S. 373 (2014), the U.S. Supreme Court held that police generally may not search the digital contents of a phone taken from someone they arrest without first getting a warrant. The Court’s answer to the question of what police should do before searching a phone was simple: “get a warrant.”

California goes further. The California Electronic Communications Privacy Act (CalECPA), Penal Code §§ 1546 to 1546.4, generally requires a warrant or other specific legal process before a California government entity can access information on your device or obtain your electronic communications from a provider. Evidence obtained in violation of CalECPA can be suppressed (Penal Code § 1546.4).

Records held by your phone company

Police don’t always need the phone itself. Carriers and app companies keep records of calls, texts, and the cell towers your phone connected to. In Carpenter v. United States, 585 U.S. 296 (2018), the Supreme Court held that the government generally needs a warrant to obtain historical cell-site location records. Other records, such as subscriber information, can often be obtained with a subpoena or court order under the federal Stored Communications Act (18 U.S.C. § 2703).

When police can search without a warrant

  • Consent. If you unlock your phone and hand it over, or agree to a search, that consent can make the search lawful. You can say no. You can also limit or withdraw consent.
  • Emergencies. Police may act without a warrant in a genuine emergency, such as an imminent threat to someone’s safety. Whether a real emergency existed is often disputed later.
  • Probation or parole search terms. If you are on supervision with an electronics search condition, officers may be able to search your device under that condition.
  • The border. Federal agents have broader authority at the border and at ports of entry such as San Ysidro. In the Ninth Circuit, which includes California, a basic manual look through a phone may be allowed without suspicion, while a forensic search needs reasonable suspicion that the phone contains digital contraband, and border searches of phones are limited to looking for digital contraband (United States v. Cano, 934 F.3d 1002 (9th Cir. 2019), reh’g en banc denied, 973 F.3d 966 (9th Cir. 2020)).

Do you have to unlock your phone?

The answer is unsettled. Courts disagree about whether forcing someone to give a passcode violates the Fifth Amendment privilege against self-incrimination, and whether a fingerprint or face unlock should be treated differently. Because the law is still developing, do not assume either way. Politely decline and ask to speak with a lawyer.

What to do if police ask for your phone

  • Stay calm and do not physically resist. Arguing with officers on the spot does not help.
  • Say clearly: “I do not consent to a search of my phone.” Then ask for a lawyer.
  • Do not delete anything. Deleting data after you know about an investigation can lead to separate charges and can be used against you.
  • If police take the phone, ask for a receipt and write down who took it and when.

Challenging a phone search

If evidence came from your phone, a defense lawyer will ask whether there was a warrant, whether it was specific enough, whether the search stayed within its limits, and whether any consent was truly voluntary. In California, a motion to suppress under Penal Code § 1538.5 is the usual way to raise these issues. Digital evidence is central to many fraud, cybercrime and federal cases. If that is your situation, our office’s page on computer fraud and cybercrime defense explains how attorney Vikas Bajaj approaches those cases.

This article is general information about California and federal law, not legal advice for your situation. Laws change, and the right answer depends on your facts. Written by attorney Vikas Bajaj, Law Office of Vikas Bajaj, APC, San Diego.