Louisiana law, as of August 2025, does not allow police to search your phone during a traffic stop solely for a violation of the state’s cellphone or wireless device laws. Recent legislation (House Bill 519) addresses distracted driving and prohibits most uses of phones while driving, but it was specifically crafted to prevent law enforcement from leveraging a simple cellphone violation as a reason to search a person, their vehicle, or their device.
If you are pulled over for suspected illegal use of a cellphone—such as texting or holding the phone while driving—police may observe you and issue a citation or, until 2026, a warning. However, the law is clear: an officer cannot search, seize, view, or demand the forfeiture of your phone as a result of that violation. The statute further bars police from using a traffic stop for suspected phone misuse as a pretext to search you, your passengers, or your car. This limitation was purposefully included due to concerns about police overreach and to ensure that distracted driving enforcement does not become grounds for broader, unjustified searches.
For a police officer to lawfully search your phone in Louisiana during a traffic stop, they must have separate, legally recognized grounds for doing so—such as probable cause relating to another crime (for example, if there is clear evidence of criminal activity, or the phone itself is part of an investigation unrelated to the traffic stop). Without that, you have the right to refuse a search of your phone. This right is protected not only by Louisiana law but by federal law, including the Fourth Amendment to the U.S. Constitution, which courts have interpreted to mean police generally need a search warrant—or your explicit consent—to look through your digital device.
More generally, you are required to provide your license, registration, and proof of insurance during a legitimate stop. You are not required to consent to any search of your phone or vehicle unless there is probable cause or a warrant. If questioned about your phone, you can politely decline consent, and you may explicitly state, “I do not consent to a search of my phone.”
Keep in mind that if police suspect criminal activity beyond a cellphone violation and have probable cause, they might be able to conduct a broader search under certain conditions. But in the absence of such suspicion, a simple phone law violation is not enough for police to search your phone, demand passwords, or otherwise access your private data.
Louisiana law prohibits police from searching your phone during a traffic stop solely for a cellphone use violation. You do not have to consent to such a search, and any search outside the scope of these rules would generally be unlawful and subject to legal challenge.
Sources
[1] https://thecurrentla.com/2025/louisianas-ban-on-phone-use-while-driving-takes-effect-aug-1/
[2] https://www.legis.la.gov/legis/ViewDocument.aspx?d=1404113
[3] https://www.legis.la.gov/legis/Law.aspx?d=112364
[4] https://www.ericgjohnsonlaw.com/what-rights-do-i-have-during-a-police-search/
[5] https://public.powerdms.com/LADPSC/documents/299658
