The “One Phone Call” Trap: Don’t Get Tricked into Unlocking Your Phone

By: John Guidry

The following situation has popped up several times in the last month, so let’s talk about it.

Here is the setup: FACTS (a): A client gets arrested on a drug charge. The cops want to look at the phone to obtain dealer or transaction data (usually in text messages), but the client refuses to provide the password. The client gets arrested and handcuffed. Later, the cops offer to permit the client to make a phone call to family. The client unlocks the phone to make the call, and the cop grabs the phone and searches it now that it is unlocked.

FACTS (b): A variation on this fact pattern has been that, once the client is arrested, the cop seizes the phone and figures out it is password-locked. So, they offer the handcuffed arrestee an opportunity to make a phone call, only to snatch the phone back once the phone is unlocked.

Rude, but true.

Has this happened to you?

Evidence found through these “dirty tricks” can often be suppressed. Call John today at (407) 423-1117.

The Legal Breakdown: A “Dirty Trick” vs. The Constitution

Yep, it is a pretty dirty trick. But the good news is that evidence found as a result of such a ploy will likely be suppressed.

Why? Because the search of the phone is clearly unconstitutional.

Under the Supreme Court’s ruling in Riley v. California (and Florida’s own Smallwood v. State), police generally cannot search the digital contents of a cell phone incident to arrest without a warrant.

Basically, when law enforcement searches a cell phone without a warrant, such a search equates to a “general evidence-gathering search.” Unless there is an extreme emergency (like a bomb about to go off), a warrant must be obtained. Snatching an unlocked phone out of your hand does not bypass the Fourth Amendment.

The Motivation: Tracking the “Colombian Drug Lord”

Drug arrests are always intriguing to the police. Every new cop thinks he can track down a Colombian drug lord if he can just get enough information from a white middle-class high school kid he just busted for misdemeanor possession of marijuana.

Often, police aren’t concerned about a misdemeanor amount of weed; they want to know where the weed came from. A familiar line is, “Tell us who your dealer is, and we won’t arrest you.”

The problem is, most people who possess drugs are not willing to snitch on their dealer. Cops know this, but they are now armed with tons of personal information via cell phones. Just look at the texts on a cell phone long enough, and you can probably find a drug dealer in there somewhere.

(Of course, searching my mom’s texts will only lead you to choir practice or Bible study).

John’s Takeaways

I encourage everyone (even my mom!) to password protect your cellphone. This can keep the police—and thieves—out of your private business.

After all, we Americans value our privacy.

• When we mail something, we seal the envelope—not because we have something to hide, but because we want privacy.
• When we go home, we shut the door behind us.
• We close the bathroom door.

None of this is done to hide illegal activities; it is done because we want our privacy.

Don’t Fall for the Trap

If you are arrested, do not unlock your phone. If they offer you a phone call, ask to use the station phone. If they insist you use yours, know that they are likely waiting for you to unlock it so they can seize it.

If the police have already tricked you and searched your phone without a warrant, we need to file a motion to suppress that evidence immediately.

Call me at (407) 423-1117. Let’s protect your privacy.

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.