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Can the Police Search a Cell Phone Without a Warrant? Law enforcement may seize a person's cell phone without a warrant as long as reasonable articulable suspicion is established. But, law enforcement may not search through a person's cell phone without a warrant unless a couple of circumstances exist. First, if a person consents, which is one of the biggest mistakes people under investigation make. And second, an exigent circumstance exists (i.e., remote "wiping"; imminent crime prevention). These are the only two situations law enforcement may search a cell phone without a search warrant.

Another consent-type issue that may come up with warrantless cell phone searches concerns passcode protected phones. Police can subpoena or obtain a warrant and retrieve most digital information contained in the cell phone storage or cloud. This is procured through a third-party provider. However, for text messages and some other personal information, law enforcement must get this from the cell phone itself. If the cell phone is passcode protected, this can be a difficult situation for police. If the police have a warrant and the tools to bypass the passcode they will be able to collect evidence from the phone. However, if the police do not have the necessary "hacking" equipment, they will ask the cell phone owner for the code. A person should never provide this code and assert their Fifth Amendment right to remain silent.

All warrantless searches are presumptively unreasonable. And the State must be able to justify their actions if they choose to search a cell phone without a warrant. Issues contesting a warrantless search must be timely filed and properly framed in a pretrial motion to suppress. If the trial court agrees and finds the warrantless search of the cell phone was not justified and a warrant was required, all evidence collected from it is a "fruit of the poisonous tree". This means the evidence is not admissible at trial.

It is important to not consent to law enforcement searches and requests. Along with an exigent circumstance, consent is the only way police may search through a cell phone without a warrant.

In this video, Tempe Arizona's Top DUI and Criminal Defense Lawyer, Jeremy L. Huss from Huss Law, PLLC, discuss whether the police can search a cell phone without a warrant.

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