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Can Police Search Your Phone Without a Warrant in Los Angeles?

By Los Angeles Criminal Defense Attorney on October 4, 2025

From photos and personal messages to banking apps and location history, your phone paints an intimate portrait of your life. That’s why in most cases police need to get a warrant to search your phone, even after an arrest.

At Werksman Jackson & Quinn LLP, we’ve successfully defended clients in very high-profile cases. Here’s what you need to know about the law and how to protect yourself if your privacy rights were violated by over-zealous LAPD or LA County Sheriff’s Department officers.

Riley v. California: The Landmark Decision That Changed Everything

The U.S. Supreme Court’s 2014 decision in Riley v. California was a turning point in privacy law. The Court held that police must obtain a warrant before searching a suspect’s cellphone, even if the person has been lawfully arrested.

As Chief Justice Roberts wrote in his decision, “modern cellphones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the privacies of life.”

What Riley Means for You

• Police cannot search your phone just because you’ve been arrested.
• The Fourth Amendment protects your digital data from unreasonable search and seizure.
• A properly issued search warrant gives police access to search a cell phone.
• There are limited exclusions that may apply.

Privacy rights established by Riley v. California are now the gold standard nationwide, and California courts have consistently enforced them.

California Courts & Digital Searches by Police

Following Riley, California appellate courts have reinforced strict rules for law enforcement. In People v. Macabeo (2016), the California Supreme Court overturned a conviction where police searched a phone after a traffic stop without a warrant. The Court emphasized that consent, exigent circumstances, or a valid warrant are required before any search of a mobile device.

Additionally, California Penal Code § 1546.1 (part of the California Electronic Communications Privacy Act, or CalECPA) expands on Riley by requiring law enforcement to get judicial approval not only to search your phone, but also to access:

• Text messages
• Emails
• Cloud storage
• Location data
• Metadata from service providers

This means that in California, cell phone search warrants must meet higher standards than in many other states.

Tactics Used by Police to Evade the Law

Despite these legal protections, police in Los Angeles can push the boundaries of lawful searches. The LA County Sheriff’s Department and LAPD may:

• Ask for your phone “voluntarily” without making it clear you can say no
• Use intimidation to get you to unlock your phone
• Use forensic tools (like Cellebrite) to access locked data

When Police Argue That They Don’t Need a Warrant

Digital privacy isn’t just a legal issue; it’s a civil rights issue. With increasing reliance on technology, every unlawful phone search chips away at your constitutional protections. And in criminal cases, evidence pulled from your phone can jeopardize your freedom.

Whether you’re facing charges or are under investigation, don’t assume that evidence gathered from your device is admissible. Our Los Angeles criminal defense attorneys will make a motion to get this evidence thrown out, and without it, the prosecution might not have any case at all.

There are limited situations where law enforcement may argue they don’t need a warrant. These are known as exceptions to the warrant requirement, but they are tightly defined, and they are often abused by police.

Consent

If you say “yes” to a phone search, police do not need a warrant. But the consent must be freely and knowingly given, not under threat or duress.

It’s important to remember that you have the absolute right to say: “I do not consent to a search of my phone.”

Exigent Circumstances

If police believe evidence on your phone is about to be destroyed or that a life is in danger, they may argue for an emergency search. Courts review these claims strictly. In most situations, there is time to get a warrant, and these claims are frequently rejected in court.

Plain View Doctrine

If an officer sees something incriminating on your unlocked screen in plain view, they may be able to use it. But tapping or swiping through apps is a search and it requires a warrant.

Asserting Your Digital Rights During a Police Stop

If you’re pulled over, detained, or arrested in Los Angeles, knowing what to say can make a big the difference.

Here’s what to do:

• Stay calm and respectful.
• Never unlock your phone or hand it over unless required by a court.
• Clearly state: “I do not consent to a search of my phone or digital devices.”
• Ask: “Do you have a warrant?”.
• Do not give your passcode, PIN, or fingerprint.

What If Police Seize Your Phone?

If your phone was taken or searched without a warrant, it’s important to act quickly. This improves your chances of protecting your privacy and challenging any illegally obtained evidence.

Here’s what to do:

1. Contact a criminal defense attorney right away.
2. Write down everything you remember: what was said, what you did, and whether you were threatened or coerced.
3. Request a copy of any police reports or search warrants.
4. Don’t speak to law enforcement again without your attorney present.

Werksman Jackson & Quinn LLP Fights Against Illegal Phone Searches

Werksman Jackson & Quinn routinely challenges unlawful digital searches by police: This includes:

• Suppression motions to exclude illegally obtained phone evidence
• Fighting overbroad or vague cell phone search warrants in California
• Exposing patterns of misconduct by LAPD or Sheriff’s deputies
• Filing constitutional challenges when your rights were violated

Many of our attorneys are former prosecutors, public defenders, and federal litigators. When you hire us, you’ll have a powerhouse firm standing behind you.

Speak With an Experienced Los Angeles Criminal Defense Attorney

If police searched your phone without a warrant, you don’t have to accept it. At Werksman Jackson & Quinn LLP, we won’t back down from anybody, and we know how to win in court.

Call (213) 688-0460 to learn more today.