In Pennsylvania, the privacy of your cell phone is strongly protected by both state and federal law. Police generally cannot search your cell phone during a traffic stop without a warrant, even if you are being cited for a traffic violation or suspected of another crime.
Warrant Requirement for Cell Phone Searches
- The Pennsylvania Supreme Court, in line with the U.S. Supreme Court’s decision in Riley v. California, has made it clear: police must obtain a warrant to access any information on your cell phone.
- This rule applies regardless of whether your phone is locked or unlocked. Simply possessing or handling your phone during a stop does not give police the right to search its contents.
- The only way police can search your phone without a warrant is if you give them explicit consent or if your phone is considered abandoned (for example, if you intentionally leave it behind and show no intent to reclaim it).
Exceptions to the Warrant Rule
There are a few narrow exceptions where a warrant is not required:
- Consent: If you voluntarily allow police to search your phone, no warrant is needed. Be aware that police may ask for your consent, and you have the right to refuse.
- Abandonment: If you abandon your phone, you forfeit your expectation of privacy in its contents, and police may search it without a warrant.
- Exigent Circumstances: In rare, emergency situations where evidence could be destroyed or there is an immediate threat to safety, police may argue for a warrantless search, but these cases are scrutinized closely by courts.
What About Distracted Driving Stops?
- Pennsylvania’s new distracted driving law (effective June 5, 2025) allows police to stop drivers for using a handheld device while driving.
- However, this law does not give police automatic authority to search the contents of your phone. They may issue a citation or warning if they see you using your phone, but searching your device’s data still requires a warrant or your consent.
Key Takeaways for Drivers
| Situation | Can Police Search Your Phone? |
|---|---|
| Routine traffic stop | No, not without a warrant or consent |
| Distracted driving citation | No, not without a warrant or consent |
| You give consent | Yes |
| You abandon your phone | Yes |
| Exigent/emergency circumstances | Possibly, but rare |
During a Pennsylvania traffic stop, police cannot search your phone without a warrant, your consent, or unless you have abandoned the device.
If you are asked for consent, you have the right to say no. If your phone is searched without a warrant or valid exception, any evidence found may be inadmissible in court.
Sources:
- https://www.pa.gov/agencies/penndot/traveling-in-pa/safety/traffic-safety-driver-topics/distracted-driving.html
- https://www.mystatecollegelawyer.com/2024/08/no-warrant-needed-to-search-abandoned-cell-phone/
- https://www.thefishmanfirm.com/search-cell-phone/
- https://www.cyberadviserblog.com/2018/03/pennsylvania-supreme-court-if-you-want-to-search-a-cell-phone-get-a-warrant/
- https://law.justia.com/cases/pennsylvania/supreme-court/2020/25-wap-2019.html