Can Texas Cops Make me Unlock My Phone? Cellphone Searches

Texas cell phone search warrant laws

In 2025, your cellphone serves as more than just a communication device; it operates as a digital archive of your entire life. It holds your location history, your private conversations, your banking information, and your photos. But most people do not realize that the device keeping them connected to the world is a “walking piece of evidence” that prosecutors can use against them in a criminal case.

At Meyers Criminal Law, Paul Meyers understands that your digital life is private and how to legally keep it that way. However, protecting that privacy requires understanding two different legal battlegrounds: The Unlock (Passcodes vs. Biometrics) and The Search (The Warrant).

Here is what every Texan needs to know about their digital & cellphone rights during and after an arrest.

1. Texas Cellphone Search Laws: Your Face vs. Your Password

The battle over gaining access to your phone comes down to the Fifth Amendment. This right protects you from the government “compelling [you] in any criminal case to be a witness against [yourself]”. In simple terms, the government cannot force you to reveal what you know.

The Password (Protected):

Courts universally agree that police cannot force you to reveal your alphanumeric passcode. Your password exists inside your mind. The law considers forcing you to speak or type it as “testimony.” Therefore, if you refuse to provide your passcode, you exercise your Fifth Amendment right to remain silent.

Biometrics (The Danger Zone):

Your face and fingerprint differ from your passcode. The law distinguishes physical evidence (like blood samples, standing in a lineup, or providing a fingerprint for booking) from “testimonial” evidence (your thoughts).

• The Police Argument: Prosecutors often argue that pressing your finger to a phone sensor or holding it up to your face constitutes a mere physical act—like ink-fingerprinting you at the jail—rather than testimony.
• The Risk: Because the Supreme Court has not issued a definitive ruling, the law remains unsettled; Texas police will often attempt to force a biometric unlock during a traffic stop or arrest, gambling that a judge will admit the evidence later.

Federal Law is Split:

The federal courts currently disagree on whether the Constitution protects your face or fingerprint, creating a dangerous “Circuit Split” that leaves Texas drivers vulnerable.

• On one side, the Ninth Circuit ruled in United States v. Payne (2024) that a compelled biometric unlock constitutes merely a physical act—like a blood draw—and therefore does not violate the Fifth Amendment.https://cdn.ca9.uscourts.gov/datastore/opinions/2024/04/17/22-50262.pdf
• However, the D.C. Circuit took the exact opposite stance in United States v. Brown (2025), ruling that forcing a biometric unlock constitutes unconstitutional “testimony” because it compels the user to prove they have ownership and control over the incriminating data inside.https://caselaw.findlaw.com/court/us-4th-circuit/117284503.html

2. Texas cell phone search warrant laws: The Warrant Requirement

The Law: TCCP Article 18.0215

Under the Fourth Amendment and specifically Texas Code of Criminal Procedure Article 18.0215, law enforcement generally cannot search the digital contents of your phone without a specific warrant—even during a lawful arrest.https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-18-0215/

Unlike searching your pockets or your car (which officers can often perform without a warrant under the “search incident to arrest” doctrine), your phone is different. The “search incident to arrest” doctrine does not apply to it. The US Supreme Court and Texas law recognize that a phone holds too much private data for police to search on a whim. Police must obtain a warrant signed by a judge that specifically authorizes the search of that device.

• Riley v. California, 573 U.S. 373 (2014): The US Supreme Court unanimously ruled that the “search incident to arrest” doctrine (which allows police to search pockets or cars without a warrant) excludes cell phones. The Court held that modern phones hold the “privacies of life” and require a warrant. https://www.oyez.org/cases/2013/13-132
• State v. Granville, 424 S.W.3d 64 (Tex. Crim. App. 2014): The Texas Court of Criminal Appeals held that A cell phone owner has both a subjective and reasonable expectation of privacy in his or her cell phone. An arrestee normally has an expectation of privacy in the contents of his or her cell phone that is being temporarily stored in a jail property room. Specifically, it held that a peace officer “may not search a person’s cellular telephone… without obtaining a warrant,” setting strict requirements for what that warrant must include (e.g., specific device, probable cause). https://www.tmcec.com/public/files/Webiste%20Backup/Recorder_Vol24_No1_Final.pdf

3. Why You Should Never Consent

If police ask to search your phone, they hope you will make their job easy. They might say, “If you have nothing to hide, just unlock it,” or “We’ll get a warrant anyway, so you might as well cooperate”.

Do not consent. Here is why:

• You Waive Your Rights: If you say “go ahead” or voluntarily unlock the phone for them to look through, you waive your Fourth Amendment protection. You lose the ability to challenge the search in court later.
• The “Fruit of the Poisonous Tree”: If police bypass the warrant step or rely on coerced consent, a skilled attorney can file a Motion to Suppress. This argues that any texts, photos, or location data found constitute “fruit of the poisonous tree”—illegally obtained evidence. If the judge agrees, the court rules that evidence inadmissible, and the prosecution cannot use it against you. See Wong Sun v. United States https://supreme.justia.com/cases/federal/us/371/471/
• Chain of Custody: If the police mishandled your device, accessed it without a warrant, or failed to document how they extracted the data, that evidence could get excluded at trial.

4. Immediate Steps to Protect Yourself

If law enforcement pulls you over or approaches you:

1. The “SOS” Lock: On most phones, holding the Power button and a Volume button down for a few seconds disables biometrics (FaceID/TouchID) and forces a passcode entry. This is the safest state for your phone during a police encounter. In this mode, they cannot physically force a passcode from your mind.
2. Be Verbal, Not Physical: If an officer grabs your hand to force an unlock, do not physically resist, as this risks a “Resisting Arrest” charge. Instead, state clearly: “I do not consent to this search. I want to speak to my lawyer” and let them seize the phone illegally. Your battle will not be won with the officer but in court.

The Bottom Line

Do not let an illegal search define your future. If law enforcement seized your phone, the evidence may be inadmissible. You need a defense lawyer who knows how to protect your digital life.

Contact Meyers Criminal Law today. Paul Meyers specializes in complex digital privacy defenses, challenging overreaching searches and protecting the constitutional rights of Texans. /lawyers/paul-meyers/

📞 Phone: 936-766-5171

📧 Email: meyerspaulesq@gmail.com