Your phone contains some of your most private information, from personal messages and photos to financial data and location history. When law enforcement asks to search your device during a traffic stop or arrest, understanding your Fourth Amendment rights becomes critical to protecting your privacy and building a strong defense against any potential charges.
At Rubin, Glickman, Steinberg, and Gifford, our criminal defense attorneys have more than 65 years of combined experience protecting constitutional rights throughout Montgomery and Bucks counties. We understand how warrantless phone searches can violate your rights, and we fight aggressively to suppress illegally obtained evidence. Recognized as a Best Law Firm by U.S. News & World Report every year since 2010, we provide the skilled representation you need when facing criminal charges in Pennsylvania.
The Fourth Amendment Protects Your Phone
The U.S. Supreme Court has ruled that your cell phone deserves strong constitutional protection. In the landmark case Riley v. California, the Court held that police generally cannot search your phone without a warrant, even after a lawful arrest. The Court recognized that modern smartphones contain vast amounts of personal information that goes far beyond what someone might carry in their pockets or wallet.
What This Means During an Arrest
When police arrest you in Pennsylvania, they can take possession of your phone to prevent you from destroying evidence. However, taking your phone and searching its contents are two different actions. Officers need a valid search warrant signed by a judge to access your texts, photos, call logs, apps, and other digital information stored on your device.
Exceptions to the Warrant Requirement
While the general rule requires a warrant, Pennsylvania law recognizes limited exceptions. Police may search your phone without a warrant if you give voluntary consent, though you have the absolute right to refuse. Officers cannot legally threaten you or make promises to obtain your consent. Another exception exists for genuine emergency situations where waiting for a warrant could result in death or serious injury to someone.
Common Scenarios Involving Phone Searches
Traffic stops frequently lead to disputes over phone searches. If police pull you over for traffic violations and suspect distracted driving, they cannot simply demand to review your phone records without your permission or a warrant. Similarly, during DUI investigations, officers might request access to your phone to check for evidence of drug use or communication about alcohol consumption, but you can decline this request.
Your Rights During Police Encounters
You should clearly state that you do not consent to any searches if police ask to examine your phone. Speaking this refusal aloud creates a record that can protect you later in court. Never physically resist or obstruct officers, but make your lack of consent known. If police search your phone anyway, this becomes a matter for your attorney to address through a motion to suppress the evidence.
Protecting Your Device
Many people use passcodes, fingerprints, or facial recognition to secure their phones. Pennsylvania courts have not definitively ruled on whether police can compel you to unlock your device using biometric features versus providing a passcode. The law in this area continues to develop, making it crucial to work with experienced legal counsel who stays current on these evolving issues.
Building a Defense Against Unlawful Searches
When police violate your Fourth Amendment rights by searching your phone without a valid warrant or exception, any evidence they discover may be inadmissible in court. Our legal team thoroughly examines the circumstances of every phone search, looking for constitutional violations that could lead to suppressed evidence or dismissed charges. We review arrest reports, analyze search warrant applications, and challenge any evidence obtained through illegal means.
Why Choose Our Firm
Marc Robert Steinberg, named a Top 10 Criminal Defense Attorney in the Commonwealth of Pennsylvania by the National Academy of Criminal Defense Attorneys, leads our criminal defense practice. He, along with Gregory Gifford and Matt Wilkov, have been recognized as Pennsylvania Super Lawyers, an honor reserved for the top 5% of attorneys in their fields. We are the largest criminal defense firm in Montgomery and Bucks counties, giving us the resources and experience needed to handle complex constitutional challenges.
Our AV-Rating by Martindale-Hubbell reflects our firm’s highest abilities across multiple areas of law. We combine big firm resources with small firm personal attention, staying in regular communication with clients throughout the legal process. We understand that criminal charges can impact every aspect of your life, and we work diligently to protect your rights and your future.
Protect Your Constitutional Rights
If Pennsylvania law enforcement searched your phone without a warrant or proper consent, the evidence they gathered might be unconstitutional. The experienced attorneys at Rubin, Glickman, Steinberg, and Gifford can evaluate your case and determine whether your rights were violated. We serve clients throughout Doylestown, Lansdale, Norristown, King of Prussia, North Wales, Ambler, and Telford, with offices conveniently located in Colmar and Newtown.
During your free initial consultation, we will review the details of your case, advise you of your legal rights, and discuss potential defense strategies. Don’t let an illegal search compromise your defense. Contact our office today to schedule your consultation and learn how we can fight to protect your constitutional rights.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
February 10, 2026
