Police Seizing Cell Phones After Car Accidents in Orlando: Here’s Why

By: John Guidry II

Your cell phone seems innocent enough, but that small computer is packed with data that police can and will use against you. A new and aggressive tactic we’re seeing from law enforcement in Central Florida, particularly in Orlando and Kissimmee, is the immediate confiscation of a driver’s cell phone after a serious accident.

Why all the fuss? Accidents happen, right? The problem is that your cell phone contains a perfect digital record of what you were doing in the moments before a crash. If someone is seriously injured or killed, or if an officer even suspects DUI, you can expect your phone to be seized as evidence.

Police Have Taken Your Phone After an Accident in Orlando? You are likely under investigation for a serious crime. You must not speak to them further. Call my office immediately to protect your rights. Call John Guidry: (407) 423-1117

How a Text Message Turns a Tragic Accident into a Felony

A tragic car accident, even one resulting in a fatality, is not automatically a crime. It can simply be a horrible accident. However, police are now seizing phones to look for evidence of distracted driving that can transform that accident into a criminal prosecution.

If police obtain a search warrant for your phone and find multiple outgoing text messages sent at the exact time of a fatal crash, they will argue that you weren’t just in an accident—you were driving with a reckless disregard for human life. This evidence can be used to charge you with a serious felony like Reckless Driving Causing Death or Vehicular Homicide.

There is now a crusade against drivers who are texting or talking on the phone and causing accidents. As the bumper sticker says, “Shut Up and Drive!” If you don’t, you may be arrested.

What to Do if the Police Ask for Your Phone

If you are in an accident and an officer asks for your phone, you should not physically resist, but you should also never give them permission to look through it. You should clearly and calmly state: “Officer, I do not consent to a search of my phone.” This forces them to go through the legal process of obtaining a search warrant from a judge, which gives your attorney an opportunity to intervene and challenge the legality of the search.

John’s Takeaways

• It’s Happening Here: Police in Orlando and Kissimmee are actively seizing cell phones at the scene of serious car accidents.
• The Goal is to Prove Distracted Driving: They are not looking for your contacts; they are looking for timestamps on calls and text messages that coincide with the time of the crash.
• It Can Elevate Charges: Evidence of texting can turn a non-criminal, tragic accident into a serious felony like Reckless Driving or Vehicular Homicide.
• Never Consent to a Search: You are not required to give police permission to search your phone. Politely refuse and make them get a warrant.
• If Your Phone is Seized, You Need a Lawyer Now: The moment police take your phone, you should assume you are the target of a criminal investigation and contact an attorney immediately.

I have been defending clients in the complex intersection of criminal law and traffic accidents in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County since 1993. If you find yourself in this frightening situation, call my office.

About the Author, 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.