Can you search my cell phone? You are stopped and arrested, and for the purpose of this conversation, let’s say for possession of marijuana. Now, I know it’s almost legal, but it’s still not in Washington
The police arrested you for simple possession of marijuana. Can they now search your iPhone? On the iPhone, you have some incriminating information or besides new photos of your girlfriend. Can the police search your iPhone? Well, the police cannot search your phone without first obtaining a warrant as of June 2014 from the Riley case. However, the police can still search your clothing, your out of pockets, your wallets, and other areas of your person. This is called search incident to arrest theory. The police just can’t search that phone without first obtaining a warrant.