If you get arrested in California , the photos , e-mails and other personal data on your cell phone soon could be a bit safer from prying police eyes soon . A bill passed by the state legislature would require law-enforcement officers to obtain a warrant before searching the cell phone of a person placed under arrest . If signed by the governor , the bill would override a January ruling by the California Supreme Court . According to California Sen. Mark Leno , who sponsored the legislation , this ruling had `` legalized the warrantless search of cell phones during an arrest , regardless of whether the information on the phone is relevant to the arrest or if criminal charges are ever filed . '' The new California law unanimously passed in the state Assembly . Gov . Jerry Brown has until October 9 to sign it into law , according to a spokesman from the governor 's office . Under this legislation , California law enforcement officers would have to first obtain a search warrant when there is probable cause to believe a suspect 's portable electronic device contains evidence of a crime . The Peace Officers Research Association of California , which opposed the bill , argued : `` Restricting the authority of a peace officer to search an arrestee unduly restricts their ability to apply the law , fight crime , discover evidence valuable to an investigation and protect the citizens of California . '' The California legislature disagreed , finding that `` once in the exclusive control of the police , cellular telephones do not ordinarily pose a threat to officer safety . '' Furthermore , lawmakers found that existing practices -- including confiscating the phone ( without searching it ) or promptly applying to a judge for a search warrant -- alleviate concerns about destruction of evidence . This is n't just about cell phones . The wording of this law specifically refers to `` portable electronic devices , '' defined as : `` any portable device that is capable of creating , receiving , accessing , or storing electronic data or communications . '' So in addition to cell phones this might conceivably cover tablet computers , laptops , netbooks , e-readers , media players , gaming devices , digital cameras , audio recorders , external hard drives , flash drives and other devices available now or in the future . The new law can strengthen the rights to freedom of speech and assembly in California . The prior court ruling -- though aimed mainly at gathering evidence about criminal activity such as drug deals or prostitution -- also could be used by police to gain intelligence about the identities or activities of people at protests or other public or private gatherings . Hanni Fakhoury , staff attorney for the Electronic Frontier Foundation , explained why law-abiding citizens should worry about warrantless cell phone searches . `` It 's really easy to pick on people who have been arrested and charged with crimes . But that subset could get expanded to cover everyone . Also , an arrest is not the same as a conviction . '' The new law also strengthens California 's protections for journalists and their sources , according to the California Newspaper Publishers Association . The state 's `` shield law , '' which prohibits the state or other litigants from subpoenaing reporters ' unpublished notes or other sensitive information related to their work . Many reporters keep such information on their cell phones and other devices , and it 's not unheard of for journalists to get arrested in California . Fakhoury noted that once police do obtain a warrant to search an arrestee 's phone or other portable electronic device , it 's possible that everything on that device might become fair game for law enforcement or prosecution . `` If they have a search warrant , depending on its scope , it might be tough to restrict what information on phones they get and how they use it , '' he said . `` Courts are divided on this . They recognize that there must be limits to searches -- but they also know that incriminating evidence can be anywhere , and it 's likely to be hidden . '' In recent months the issue of warrantless cell phone searches has arisen in several states with varying results . For instance , the Ohio Supreme Court barred warrantless cell phone searches , but lower courts in Georgia and Florida have upheld such searches . And in May the Oregon Supreme Court declined to hear the case of James Tyler Nix , which could have disallowed warrantless cell phone searches in that state . Fakhoury of EFF believes that California 's new law sends a strong message to other courts and legislatures around the U.S. -- including the U.S. Supreme Court . `` I certainly see this issue ending up in the U.S. Supreme Court at some point , '' said Fakhoury . `` None of the cases involved relied solely on state law . They all raised constitutional issues . There would be no reason for the Supreme Court not to get involved . ''
New law would override a January ruling by the California Supreme Court . Law would require police in that state to obtain a warrant before searching someone 's cell phone . The Peace Officers Research Association of California opposed the law .