An affiliate of Martine Law, a national brand with six firms in four states. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Can police search your phone in Texas?
In short: Usually not without a warrant or your voluntary consent. The U.S. Supreme Court held in Riley v. California (2014) that police generally need a warrant to search the digital contents of a phone seized during an arrest, and the Texas Court of Criminal Appeals recognized a privacy interest in phone contents in State v. Granville (2014).
Can police take my phone when I am arrested?
Police may seize a phone and hold it while they seek a warrant, but searching its contents is a separate step that generally requires a warrant describing what they are looking for. Texas law also generally requires a warrant to search a phone in law enforcement's possession (Code of Criminal Procedure 18.0215), with limited exceptions such as consent.
What if I give consent?
Consent is an exception to the warrant requirement. You can say no. If you agree, the search may be limited to what you agreed to, and you can withdraw consent. Whether consent was truly voluntary is decided from the circumstances, and video often matters.
Do I have to give police my passcode?
You can decline to answer questions, including requests for your passcode, and ask for a lawyer. Whether a court can compel a passcode or a fingerprint or face unlock is a developing area of law, and courts have not all agreed.
What about location data?
In Carpenter v. United States (2018), the Supreme Court held that the government generally needs a warrant to obtain historical cell-site location records from a phone company.
Why does this matter in criminal cases?
Phones are central evidence in drug, family violence and protective order cases, where messages and location data are often used. If a phone was searched without a valid warrant or consent, or beyond the scope of a warrant, the defense can ask the court to suppress the evidence.
What should I do if police ask for my phone?
- Stay calm and do not physically resist.
- Say clearly that you do not consent to a search.
- Do not delete anything; destroying evidence can be a separate crime.
- Ask for a lawyer and do not answer questions about the contents.
What does Texas law add?
Code of Criminal Procedure article 18.0215 generally prohibits a peace officer from searching a person's cellular telephone or other wireless communications device, seized pursuant to a lawful arrest, without a warrant. This is in addition to the U.S. Supreme Court's decision in Riley v. California (2014), which held that police generally need a warrant to search the digital contents of a phone seized during an arrest.
What about location data?
In Carpenter v. United States (2018), the Supreme Court held that the government generally needs a warrant to obtain historical cell-site location records from a phone company. Prosecutors may still seek records through warrants, and the scope of those warrants can be challenged.
Do I have to give police my passcode?
You can decline to give a passcode and ask for a lawyer. Courts disagree on whether a person can be compelled to unlock a device, and the answer can depend on the method (passcode or biometrics) and the facts. Do not destroy or wipe a device, which can lead to a tampering charge.
What should I do if police took my phone?
- Do not consent to a search; say clearly that you do not consent.
- Ask for a property receipt.
- Tell your lawyer what accounts and data are on the phone.
- Do not try to delete content remotely.
Where are these cases heard in Dallas County?
People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
Misdemeanor cases are heard in the county-level criminal courts, and felonies in the district courts, of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Do police need a warrant to search my phone in Texas?
Generally yes, unless you consent or a recognized exception applies (Riley v. California, 2014; State v. Granville, 2014).
Should I delete messages after an arrest?
No. Deleting evidence can lead to a separate charge. Talk to a lawyer instead.
Can police search my phone without a warrant in Texas?
Generally no. Article 18.0215 and Riley v. California generally require a warrant, with exceptions such as valid consent.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.