Riley v California
Roll Call Briefing Message – Cell Phone Searches After Arrest
Summary of Riley v. California (2014)
Riley v. California is the Supreme Court case that says you generally cannot search an arrestee’s cell phone without a warrant. In practice, if you seize a phone during an arrest, you must secure it and wait for a search warrant before examining its data – unless a true emergency (exigent circumstances) demands an immediate search.
Tips for Sergeants (Guiding the Conversation)
Emphasize the Rule: Remind officers that while they can seize and secure a suspect’s phone for evidence, they cannot scroll through its contents without a warrant. Point out that cell phones hold vast personal data, so they’re treated differently than, say, a wallet or backpack during a search.
Discuss Exceptions Sparingly: Lead a discussion on what counts as exigent circumstances. For example, ask the team to think of a scenario like a kidnapped child’s life at risk where a phone might have to be searched right away. Highlight that these situations are very rare – in day-to-day policing, there’s almost always time to get a warrant.
Reinforce Best Practices: Advise officers on how to handle phones post-arrest: turn the device off or use airplane mode to prevent remote data wiping while waiting for a warrant. Make sure they know that any
evidence found unlawfully (without a warrant or a real emergency) could be thrown out in court.
Key Questions to Ask Officers
You arrest someone and seize their phone. Can you search it right away, or what should you do first?
What kind of situation would allow you to search a phone without a warrant? Can you think of a real emergency example?
How can you protect the phone’s data while waiting for a warrant? (E.g. preventing remote wipe.)
Reminder: Articulate Exigent Circumstances in Reports
If an officer ever searches a phone without a warrant due to an emergency, they must clearly document the exigent circumstances in the report. Supervisors should remind the team: spell out exactly what the urgent situation was, and why you couldn’t wait for a warrant. Thorough documentation of any emergency is crucial to justify the action and keep the evidence admissible in court.