Smartphones contain everything from text messages and photos to banking apps and location history. So, what happens if the police want to search yours? In Florida, law enforcement generally cannot search your phone without a warrant — and if they do, the evidence may be thrown out.
At The Bonderud Law Firm, we protect clients from unlawful searches and fight to exclude illegally obtained digital evidence. Here’s what you need to know.
Phones Are Protected Under the Fourth Amendment
The U.S. Supreme Court ruled in Riley v. California (2014) that police must obtain a warrant before searching a phone, even after an arrest. Your phone is not like your wallet or car — it’s protected by strong privacy rights.
When Can Police Search Without a Warrant?
There are a few exceptions:
- You give consent
- There are exigent circumstances (e.g., imminent threat or destruction of evidence)
- You are on probation or parole with search conditions
- It’s a border search at an international crossing
Even in these cases, the scope of the search is limited — and often challengeable.
What If Police Search Your Phone Illegally?
If your phone was searched without a warrant or valid exception:
- Your attorney can file a motion to suppress
- The court may exclude all evidence from the unlawful search
- In some cases, charges may be dismissed
Don’t Hand Over Your Phone Without Legal Advice
If law enforcement asks to see your phone:
🚫 Don’t unlock it
🚫 Don’t give consent
✅ Politely say: “I do not consent to a search. I want to speak to a lawyer.”
Digital Privacy Matters — We’ll Help You Defend It
At The Bonderud Law Firm, we stay on the cutting edge of digital rights and Fourth Amendment law. Contact us today to challenge an illegal search and protect your rights.