Riley v. California (2014)

Riley v. California (2014): Police Need a Warrant to Search Your Cell Phone

Your smartphone contains your life — and the Constitution protects it.

Background

David Riley was stopped for a minor traffic violation. Police seized his phone and searched it without a warrant, discovering evidence used to charge him with more serious offenses. The question: does the search-incident-to-arrest exception allow police to explore the vast digital world in a phone?

Questions Presented

  1. May officers search the contents of a cell phone during a lawful arrest without a warrant?

Majority Opinion — Chief Justice John Roberts

Holding: Officers generally must obtain a warrant to search a digital device.

Roberts recognized that modern phones contain far more than physical objects — they hold private records of thoughts, movements, finances, communications, and medical data. Searching a phone is not like searching a wallet. The privacy interests are profound.

In Texas, this protects people accused of drug crimes, online solicitation, unlawful carrying of a weapon, and nearly every modern charge where phones hold key evidence. If police searched a device without a warrant, Montgomery County defense attorneys file motions to suppress — often crippling the State’s case.

Roberts captured the stakes perfectly: “Get a warrant.”

Author: Law Office of Timothy Rose, PLLC — Digital privacy defense in Montgomery County, Texas. Call: (936) 777-4891

Disclaimer: Informational only.

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Kelly v. State (Texas CCA 1992)

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Drug Court in Montgomery County