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Can Wyoming Police Search Your Phone Without a Warrant? What You Need to Know.

By Steven Titus & Associates, P.C. on October 12, 2025

Smartphones store everything from private texts and photos to banking and location data, and it’s no surprise that police officers will try to access your phone during an investigation. But under federal constitutional law and Wyoming-specific rulings, your rights to cell phone privacy are strong.

At Steven Titus & Associates, P.C., we’ve handled many cases where law enforcement officials crossed the line during a search. If police broke the law, we know how to get evidence excluded so it can’t be used against you.

Riley v. California: Setting the Ground Rules for Phone Searches

The landmark 2014 U.S. Supreme Court decision in Riley v. California fundamentally changed how police are allowed to handle smartphones during investigations. The Court unanimously ruled that police must obtain a warrant before searching the contents of a phone, even if it’s taken from someone under arrest.

In that ruling, the Court acknowledged that phones are not just simple containers, they hold vast quantities of personal data. As a result, searching a phone is far more intrusive than looking through a persona’s wallet or backpack.

Key Takeaways From Riley

• Police must have a valid search warrant to access your phone’s content.
• This applies even if you’ve been lawfully arrested.
• The Fourth Amendment provides robust protection for digital privacy.

This ruling applies in every state, including Wyoming, forming the basis for how warrantless search law in Wyoming should be applied in criminal cases.

How Wyoming Applies the Riley Rule

Wyoming courts follow federal precedents, and state-level rulings also support strong Fourth Amendment phone rights. Courts in the state have upheld suppression of phone evidence when law enforcement accessed devices without a valid warrant or a recognized exception to the warrant requirement.

Wyoming law enforcement agencies are expected to honor the Riley framework, meaning they need a phone search warrant unless an exception applies.

Exceptions to the Warrant Requirement in Wyoming

Despite the general rule, there are three main exceptions where police in Wyoming may try to justify a warrantless digital search:

Consent

If you voluntarily give police permission to search your phone, they don’t need a warrant. But if you felt coerced or didn’t understand the scope of what you agreed to, that consent could be challenged in court.

Exigent Circumstances

Under the exigent circumstances doctrine, police may conduct a warrantless search if there’s an immediate need to prevent:

• The destruction of evidence,
• Physical harm to someone, or
• A suspect’s escape.

In the digital context, this is a narrow exception. Courts are skeptical of claims that a phone needed to be searched instantly. If there was time to secure the phone and apply for a warrant, the search may be deemed unconstitutional.

Plain View or Other Doctrines

Officers can seize a phone if it’s in plain view during an arrest, but that doesn’t mean they can unlock or browse it without a warrant. But they can secure the phone and prevent it from being accessed remotely while they seek a warrant.

How Police Try to Evade Privacy Protections

In Wyoming, we often see law enforcement attempt the following tactics:

• Asking for your password or Face ID access during traffic stops or after arrest
• Pretending they don’t need a warrant when you’re not in custody
• Using consent forms that are vague or misleading
• Delaying the warrant process while continuing to access basic phone functions

 

What to Do If Police Ask to Search Your Phone

If you’re approached by law enforcement and they request access to your device, follow these steps:

1. Stay calm and respectful.
2. Clearly state: “I do not consent to a search of my phone.”
3. Do not unlock your device or give up your passcode.
4. Ask: “Do you have a warrant?”
5. If they search it anyway, take note of what they did and when it happened.

These actions can help preserve your rights and allow your attorney to fight back.

Suppression Motions in Wyoming

If law enforcement accessed your phone without a warrant and without a valid exception, your attorney can file a motion to suppress the evidence. This means the court may:

• Exclude any data retrieved from your phone
• Prohibit its use at trial
• Seek dismissal of charges against you if the evidence was central to the case

At Steven Titus & Associates, P.C., we aggressively examine the chain of custody, all warrants, and whether your constitutional rights were violated. If the search was improper, we move quickly to block any use of that evidence in court.

Can Police Access Deleted Data?

It’s possible. Even deleted texts, call logs, or app data may be recoverable with advanced forensic tools. But that doesn’t make it legal for police to go fishing through your phone. Without a valid phone search warrant, accessing any phone evidence in a criminal case could lead to suppression, even if it’s technically recoverable.

Cell Phone Privacy in the Digital Age

As technology evolves, the law continues to adapt. But the courts have made one thing clear: your phone is private, and the government cannot invade that privacy without judicial oversight.

Police may still overreach, and that’s why it’s so important to know your rights and take action if they’ve been violated.

If law enforcement searched your phone without a warrant or pressured you into giving access, you may be able to challenge the evidence to prevent them from using it against you. The sooner you involve an attorney, the better your chances of suppressing digital evidence and weakening the state’s case.

Speak With an Experienced Criminal Defense Attorney in Campbell County

When you call Steven Titus & Associates, P.C. for help, we’re going to respond 24/7. We’ve helped clients in Gillette and throughout Wyoming avoid convictions based on flawed investigations, including unlawful police searches.

Call Steven Titus & Associates, P.C. today at (307) 257-7800 to schedule a free consultation.

We’ll review your case, explain your rights, and fight to protect your freedom.