The police will justify the stop with a trumped up traffic violation even if they did not write a ticket for it and that makes the stop legal. If your son consented to the search then the search was legal and they could search the entire vehicle. The issue of whether they could read texts on the cell phones is not one that is litigated often and that would have to be researched. Your lawyer will probably run a suppression and contest the search of the vehicle and cell phone. You and your son should understand your constitutional rights and no one should ever consent to a search even if they think the car is "clean" since it is a violation of your right to be free from unreasonable searches, a valuable right you have that he just gave away. You as the parent should get a lawyer to instruct him not to talk to the police, answer their questions, consent to a search, or fall for their lies, threats, or false promises. You should have the cell numbers of three criminal lawyers in your wallet just as you have your medical insurance in your wallet in case you have to go to the hospital. You prepare for such emergencies so that you and your family know what to do and say in case of police contact or medical emergency.
Answered on Mar 17th, 2013 at 8:43 PM