so can the cops check my phone during a DUI stop absolutely not he's going to be looking for evidence of you either drinking earlier or maybe texting while you're driving he needs a search warrant to take your phone don't give the officer your phone but what I want you to do is to record for your safety and for his safety because it helps me as you're a defense lawyer to show your point of view to have a recording of what the officer's doing the timeline how long he has you stopped and detained whether or not he has Reasonable Suspicion to lead him to the next step of a du investigation or some other criminal investigation it just helps all the way around for you to have a recording of what's going on and it protects you keep your phone in your possession never turn it over to police they don't have the right to look through your phone