If you're arrested in Las Vegas or anywhere in Nevada, police are allowed to search your person and your immediate surroundings. That includes your pockets, bag, maybe even your car. But what about your phone? Can police officers open your iPhone, scroll through your messages, or access your photos without a warrant?

This question gets to the heart of the Fourth Amendment—and the line between traditional searches and the digital age. Let's break it down.

The Law Has Changed: Why Cell Phones Are Treated Differently

Back in the day, courts often treated phones like any other “container,” the way they'd treat a wallet or a backpack. But smartphones aren't like wallets. They're more like a second brain. They hold our texts, call logs, location data, medical history, bank accounts, and a whole archive of our private lives.

Recognizing this, the U.S. Supreme Court ruled in Riley v. California that police usually need a warrant to search your phone after an arrest. That 2014 case changed the legal landscape nationwide—including in Nevada.

The Court drew a clear line: a phone isn't a pack of cigarettes or a purse. It's a gateway into your digital life, and searching it without a judge's sign-off usually violates your constitutional rights.

So What Can Police Do?

After arresting someone, police can take your phone. They can hold onto it as evidence. But generally, they cannot open it up, scroll through it, or access your apps or photos without first getting a warrant from a judge. If they do so without a warrant, and there's no legal exception that applies, whatever they find could be thrown out in court.

That means evidence from an unlawful phone search—like incriminating texts, photos, or call history—can be suppressed. A skilled defense lawyer can challenge the search and fight to have that evidence excluded.

Are There Any Exceptions?

Yes—but they're narrow. Like most search-and-seizure rules, there are exceptions for emergencies or "exigent circumstances." Police might be allowed to search your phone without a warrant if:

• There's a real and immediate threat, like a missing child or an imminent attack.

• They believe someone is trying to remotely erase the phone's data.

• They're trying to prevent loss of evidence that can't be recovered later.

Even then, courts scrutinize these situations carefully. The emergency must be real—not just hypothetical—and the police must be able to show why they couldn't wait for a warrant.

Can Police Force You to Unlock Your Phone?

This is where things get trickier.

Whether police can make you unlock your phone depends on how it's locked. Courts have increasingly held that:

• They can force you to use your fingerprint or face to unlock the phone—because that's like giving up a physical key.

• But they generally can't force you to tell them your passcode—because that's considered “testimonial,” and protected by the Fifth Amendment right against self-incrimination.

This area is still evolving, and rulings can vary depending on your jurisdiction. In any case, it's a gray area—and one more reason to invoke your right to an attorney immediately if you're arrested.

What Should You Do if You're Arrested With Your Phone?

The most important thing you can do is stay quiet and ask for a lawyer. Do not volunteer your passcode. Do not consent to a phone search. And remember: anything you say can be used against you—including in a later battle over whether your phone was lawfully searched.

At Liberators Criminal Defense, we've defended countless clients whose phones became the centerpiece of a criminal case. If your phone was searched—or if you think police might try—we're ready to challenge it.

Summary: Your Phone, Your Rights

Your cell phone is not fair game just because you're arrested. Nevada law, following the U.S. Supreme Court's guidance, treats your digital data with the seriousness it deserves. In most cases, police need a warrant to search your phone—and if they skip that step, you may have a strong defense.

Contact Liberators Criminal Defense today if your phone was searched in connection with a criminal investigation. The right legal strategy can mean the difference between conviction and freedom.