Tennessee Code Annotated
Tenn. Code Ann. § 40-6-110 (2026)
Searches of cellular telephones and cellular telephone data
✓ current as of May 2026
- (a) As used in this section:
- (1) "Cellular telephone" means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones;
- (2) "Cellular telephone data" means any data that is stored in a cellular telephone including telephone numbers, addresses, pictures, documents, texts, videos, music and any other information that is stored in a cellular telephone; and
- (3) "Law enforcement officer" means any person authorized to effectuate an arrest who is employed by the state, or a county, municipality or metropolitan form of government.
- (b) No law enforcement officer shall search, examine, extract or duplicate any cellular telephone data, even if incident to a lawful arrest, unless:
- (1) The officer has obtained a search warrant issued pursuant to this part or Rule 41 of the Tennessee Rules of Criminal Procedure;
- (2) The owner of the cellular telephone or the person in possession of the cellular telephone at the time it is seized gives the officer informed consent for the officer to search the cellular telephone; or
- (3) Exigent circumstances exist at the time of the seizure requiring the officer to search the cellular telephone.
- (c) No cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as evidence in any such proceeding.
- (d) This section shall not apply to any cellular telephone that, at the time of its seizure or discovery, has been abandoned by the owner or person responsible for its abandonment.
Acts 2014, ch. 785, § 1.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2016–2021 · leading case: State of Tennessee v. Delshun Jones (Tenn. Crim. App. 2016).
State of Tennessee v. Delshun Jones (Tenn. Crim. App. 2016). “]” Tenn. Code Ann. § 40-6-110 (b)(1). Moreover, “[n]o cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as…”
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). “]” T.C.A. § 40-6-110(b)(1). Additionally, “[n]o cellular telephone data that is 2 HB1187/SB1592 amended Tennessee Code Annotated, Title 39 and Title 40, relative to criminal procedure to authorize law enforcement officers, district attorneys general, and the attorney general “to…”
Jeffery L. Vaughn v. State of Tennessee (Tenn. Crim. App. 2016). “Similarly, Tennessee Code Annotated section 40-6-110, requiring a search warrant for law enforcement to examine data stored on a cell phone, such as text messages, became effective July 1, 2014.”
Robert Anthony Fusco v. State of Tennessee (Tenn. Crim. App. 2017). “Moreover, Tennessee Code Annotated section 40-6-110, which requires law enforcement to procure a search warrant to examine cellular telephone data, did not become effective until July 1, 2014.”
Dane Sayles, Alias Bradley Harper v. State of Tennessee (Tenn. Crim. App. 2019). “Shortly thereafter on July 1, 2014, Tennessee Code Annotated section 40-6-110(b)(1), which provides that law enforcement must obtain a search warrant in order to “search, examine, extract, or duplicate any cellular telephone data,” took effect.”
Tenn. Code Ann. § 40-6-110(b)(1): 2 cases
Dane Sayles, Alias Bradley Harper v. State of Tennessee (Tenn. Crim. App. 2019). “Shortly thereafter on July 1, 2014, Tennessee Code Annotated section 40-6-110(b)(1), which provides that law enforcement must obtain a search warrant in order to “search, examine, extract, or duplicate any cellular telephone data,” took effect.”
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). “]” T.C.A. § 40-6-110(b)(1). Additionally, “[n]o cellular telephone data that is 2 HB1187/SB1592 amended Tennessee Code Annotated, Title 39 and Title 40, relative to criminal procedure to authorize law enforcement officers, district attorneys general, and the attorney general “to…”
Tenn. Code Ann. § 40-6-110(c): 2 cases
State of Tennessee v. Delshun Jones (Tenn. Crim. App. 2016). “]” Tenn. Code Ann. § 40-6-110 (b)(1). Moreover, “[n]o cellular telephone data that is obtained in violation of this section may be used in any court of law or administrative board as evidence, nor may other evidence that is derived from the illegally obtained data be used as…”
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). “]” T.C.A. § 40-6-110(b)(1). Additionally, “[n]o cellular telephone data that is 2 HB1187/SB1592 amended Tennessee Code Annotated, Title 39 and Title 40, relative to criminal procedure to authorize law enforcement officers, district attorneys general, and the attorney general “to…”
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