“It’s Just a Container”: Why the Police Want to Search Your Phone (And Why They Can’t Anymore)

By: John Guidry

Here in Orlando, we see more and more cell phones seized as part of police investigations. These phones aren’t just thrown in an evidence locker. They are played with. They are searched for provocative photos or interesting texts.

The Horror Story: Recently, a client of mine—a senior citizen arrested for DUI—bonded out and noticed his iPhone receiving tons of adult texts.

• The Reality: The arresting officers or jail personnel had signed his number up for junk lists or “played” with the device.
• The Consequence: His wife saw the texts, didn’t understand they were spam/pranks, and filed for divorce.

This real-life example is but one of many. The two (Cops and Phones) don’t mix. I highly recommend installing a password on your phone. If you don’t, you are leaving the door wide open.

Did the police scroll through your text messages without a warrant?

This is an illegal search. Call John today at (407) 423-1117.

The “Bad Old Days”: State v. Glasco

Why did police think they could search a phone just because you were driving on a suspended license? It’s hard to believe, but they relied on an old 1973 case called U.S. v. Robinson.

• The Old Logic: In 1973, the Supreme Court said police could search any “closed container” found on a person during an arrest (like a cigarette pack).
• The Application: In State v. Glasco, 90 So. 3d 905 (Fla. 5th DCA 2012), the court treated a modern smartphone just like that cigarette pack. Because Glasco was arrested for drugs, they opened his phone, read his texts, and used them to convict him of “Intent to Sell.”

The Fix: Smallwood and Riley

Fortunately, the courts finally woke up to the 21st Century. The legal reasoning in Glasco was eventually overturned.

• Florida Supreme Court (Smallwood v. State): The Court ruled that a cell phone is not a wallet or a cigarette pack. It contains the “privacies of life”—medical records, banking, GPS history, and communications.
• U.S. Supreme Court (Riley v. California): In 2014, the highest court in the land ruled that police must get a warrant to search a cell phone incident to arrest.

The Result: Today, if a cop takes your phone, he can bag it and tag it, but he cannot turn it on and scroll through it unless a Judge signs a search warrant.

John’s 2026 Update: The FaceID Trap & Cloud Warrants

Note: In 2012, we worried about them reading texts in the car. In 2026, we worry about them unlocking it with your face.

1. The Biometric Loophole (FaceID) While you cannot be forced to give up your Passcode (because that is “testimony” from your mind), many courts still allow police to force your Biometrics (body parts).

• The Tactic: While you are handcuffed, the officer simply holds the phone up to your face or presses your thumb to the sensor.
• The Law: Because your face is a “physical object” (like a fingerprint or blood sample), prosecutors argue this is not a violation of the 5th Amendment.

2. The “S.O.S.” Trick (Save Your Privacy) If you are being pulled over, you have about 5 seconds to lock down your digital life.

• The Trick: On most smartphones, hold the Power Button + Volume Button for 3 seconds.
• The Result: This engages “S.O.S. Mode.” It instantly disables FaceID and TouchID. The phone will now require the numeric passcode to unlock. By doing this, you force the police to get a warrant rather than just holding the phone to your face.

3. The Cloud Warrant (They Don’t Need the Phone) If you refuse to unlock your phone, the police don’t stop.

• The 2026 Reality: They simply send a warrant to Apple or Google for your Cloud Backup.
• The Warning: If your texts, photos, and location are backed up to iCloud, the police can download them remotely without ever touching your physical device. If you are doing sensitive things, turn off iCloud backups.

Lock It Down

The police know they need a warrant, but they will try to trick you into “consenting” to a search to “clear things up.” Never hand over your phone unlocked. Make them do the paperwork.

Call me at (407) 423-1117. Let’s suppress the data.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.