Maybe. At this point, it depends where you are (what state) when law enforcement searches your phone whether your personal information in your phone - such as text messages, emails and location data - can be searched by police without a warrant. Suppressing evidence of a crime because law enforcement did not follow the necessary procedures is often a key component of a criminal defense strategy.
A head college football coach was charged with sex offenses involving minors last week after complaining that his University-issued cell phone was not working properly. When examined by IT professionals at the University, personal videos and photos contained on the phone depicted naked children.
A cell phone found at a Florida Wal-Mart that contained photos and videos of various sex acts being performed on a minor lead to the arrest of a 33-year-old man and 37-year-old woman on related sex offenses. Police were able to track the phone number to Jennifer A. Sparks and an email address on the phone to Alan Robert Johnson.