Under Texas law and the Fourth Amendment of the U.S. Constitution, police generally cannot search your phone during a traffic stop without a warrant or your consent123. The Supreme Court’s decision in Riley v. California (2014) clarified that a cell phone contains a vast amount of private information, and law enforcement must obtain a warrant before searching it, even if you are arrested345.
You have the right to refuse a search of your phone, and police must respect that refusal unless they have a valid warrant or you voluntarily consent to the search126. If you consent, police can use anything found on your phone as evidence. If you do not consent, police must stop unless they obtain a warrant from a judge based on probable cause123.
There are rare exceptions when police may conduct a warrantless search, such as in cases of “exigent circumstances”—for example, if they reasonably believe someone’s life is in danger, evidence is about to be destroyed, or a suspect is fleeing126. However, these situations are uncommon during routine traffic stops.
It is important to note that information visible on your phone’s lock screen (such as incoming calls or text previews) generally cannot be used as evidence in court unless obtained through a lawful search or warrant12.
Texas police cannot search your phone during a traffic stop without a warrant or your consent, except in very limited emergency situations. Always exercise your right to privacy and consult with an attorney if you believe your rights have been violated124
Sources
[1] https://versustexas.com/blog/can-police-search-my-phone/
[2] https://www.theshapirolawfirm.com/blog/2023/04/can-police-search-my-phone-without-a-warrant/
[3] https://www.guestandgray.com/serve-area/kaufman-county/can-the-police-search-my-phone-without-a-warrant-in-kaufman-county/
[4] https://wesruckerlaw.com/police-search-cell-phone-without-warrant-houston/
[5] https://www.patrickjmclain.com/blog/2024/october/cell-phone-searches-and-the-fourth-amendment/
