At Just Criminal Law, we often get one crucial question from clients across Wyoming and South Dakota: "What should I do if the police take my phone and want to search it?"
The short answer? You should say no — and here's why.
Your Phone Is Your Property — Wyoming and South Dakota Law Protects It Like Your Home
Think of your phone like your home. It contains your personal life: photos, messages, browsing history, contacts, and more. Just as police cannot legally walk into your house without permission or a court order, they cannot search your phone without a warrant.
Wyoming law follows the landmark U.S. Supreme Court decision in Riley v. California (2014), which established that police must obtain a search warrant to access phone data. Wyoming courts have consistently upheld this protection, requiring law enforcement to secure judicial approval before searching digital devices.
South Dakota law similarly protects your phone under both the Fourth Amendment and South Dakota Codified Law 32-26-48, which explicitly prohibits accessing electronic devices without a proper search warrant issued under Chapter 23A-35. South Dakota law enforcement agencies are bound by these same constitutional protections.
Even if you're being investigated or have been arrested in Gillette, Casper, Cheyenne, Rapid City, or Sioux Falls, you are under no obligation to hand over access to your device. If an officer casually asks, "Do you mind if I look through your phone?" — the answer should always be no.
You have the right to remain silent and the right to protect yourself from self-incrimination. Allowing access could unintentionally lead to charges unrelated to the initial investigation.
A Search Warrant Is Required in WY & SD — And It Must Be Specific
If police want to search your phone in Wyoming or South Dakota, they must obtain a search warrant that:
- Clearly states the crime they’re investigating
- Outlines specific timeframes of interest
- Identifies the types of data they’re looking for (e.g., text messages, call logs, videos, photos, app data)
- Indicates where they expect to find this evidence (like in social media apps or message logs)
In Wyoming, search warrants must be executed within 10 days and generally between 6:00 AM and 10:00 PM, unless there are exigent circumstances. Wyoming Statutes Title 7, Chapter 7 governs search warrant procedures and requires warrants to be narrowly tailored to the investigation.
In South Dakota, search warrants are also valid for 10 days from issuance. South Dakota Codified Laws Chapter 23A-35 governs the search warrant process and requires judicial approval before any digital search can occur.
Warrants must be narrowly tailored in both states. Officers can't go on a "fishing expedition" through your entire digital life.
When Things Go Wrong: A Real Example from Our Practice
Attorney Christina Williams shared a case where law enforcement had a warrant to search a phone for evidence related to a drug charge. During the search, they discovered photos of stolen property — and filed additional theft charges against her client.
But here's the problem: those photographs weren’t within the scope of the warrant. The legal team filed a motion to suppress that evidence, and ultimately, the entire case was dismissed because the police overstepped their bounds.
This case demonstrates what Wyoming and South Dakota courts have made clear: search warrants have limits — and when officers go beyond them, the evidence they gather can become inadmissible in court.
Never Consent to a Phone Search — Here's Why
Once you voluntarily give police access to your phone, they can perform what’s called a “phone dump.” That means:
- They extract all your data — even files unrelated to the case
- That data can be stored indefinitely
- It could be used against you in future investigations, even years later
There's no "undo" button once you grant access. Wyoming and South Dakota both follow the principle that consent searches waive your Fourth Amendment protections. Even if you believe you have nothing to hide, there's no benefit to handing over your digital life without a warrant.
What Law Enforcement Can and Cannot Do in WY & SD
Police CAN:
- Temporarily seize your phone during an arrest to secure it
- Hold your phone while they apply for a warrant
- Look at the physical exterior of your phone
Police CANNOT:
- Access your phone's data without a warrant
- Pressure you into providing your password or using Face ID
- Search your phone during a routine traffic stop without probable cause
- Browse through your phone just because it's in plain view
Both Wyoming and South Dakota law enforcement must follow the Riley framework. If they claim an "emergency exception," they must prove there was an imminent threat to life or evidence was about to be destroyed — and even then, courts scrutinize these claims.
Important Considerations for Wyoming Residents
Wyoming is one of the few states without a stop-and-identify law. Unless you're driving, you're generally not legally required to provide identification to police unless you're under arrest. This same principle of limited police intrusion extends to your digital devices.
Wyoming law enforcement agencies in counties like Natrona, Laramie, Campbell, and Sheridan must obtain proper warrants before searching phones, just like anywhere else in the state.
Important Considerations for South Dakota Residents
South Dakota's Sunshine Law allows public access to certain records, but your phone's contents remain protected by constitutional privacy rights. Law enforcement in Minnehaha, Pennington, Lincoln, and other South Dakota counties must follow proper warrant procedures.
If you're stopped in Rapid City, Sioux Falls, Aberdeen, or anywhere else in South Dakota, remember that officers may ask for permission to search your phone, but you have every right to decline.
Call a WY or SD Criminal Defense Lawyer Before You Say or Do Anything
If police have taken your phone or are pressuring you to give access, call Just Criminal Law immediately. You only get one shot at justice — don’t let a misunderstanding or an overreach cost you your freedom.
Our team understands Wyoming and South Dakota criminal law and has extensive experience defending clients against unlawful searches and seizures. We're available around the clock to protect your rights.
Call, text, or chat with our legal team 24/7.