In Tennessee, police generally cannot search your phone during a traffic stop without a warrant. The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures, and this protection extends to the digital data stored on your phone. The U.S. Supreme Court’s decision in Riley v. California established that law enforcement officers must obtain a warrant based on probable cause before searching the contents of a cell phone, except in certain emergency situations such as an immediate threat to public safety or the risk of evidence being destroyed.
If you are stopped by police in Tennessee, officers may ask for your consent to search your phone. You are not legally obligated to give consent, and you have the right to refuse. If you do not consent, police must either secure a valid search warrant or demonstrate that an emergency exception applies before they can legally search your device. If the police conduct an illegal search of your phone without your consent or a warrant, any evidence obtained may be challenged in court and could be ruled inadmissible.
Tennessee’s new Information Protection Act, effective July 1, 2025, strengthens consumer privacy rights but does not alter the fundamental requirement for law enforcement to obtain a warrant for phone searches during routine traffic stops. The law also provides additional rights for consumers regarding their personal data, but these are primarily aimed at businesses and do not grant police broader authority to search personal devices during traffic encounters.
Unless you give explicit consent or there is a true emergency, Tennessee police must have a warrant to search your phone during a traffic stop. If you are asked to unlock or hand over your phone, you have the right to politely decline unless the officer presents a valid warrant.
Sources
[1] https://knoxcrimdefense.com/can-police-in-tennessee-search-your-phone-without-a-warrant/
[2] https://www.davis-hoss.com/what-happens-if-you-refuse-to-unlock-your-phone-for-police-in-tennessee/
[3] https://www.datagrail.io/blog/regulations/what-you-need-to-know-about-tennessees-new-privacy-law/
[4] https://www.cookieyes.com/blog/tennessee-information-protection-act-tipa/
[5] https://www.insideprivacy.com/data-privacy/new-state-privacy-and-minor-social-media-laws-to-become-effective-in-july/
