I wished I was as naive as you, but considering that many parts of the country see walking down the street without being white a crime, it's not always that easy. Regardless, if the police have physical possession of your phone there's very little you can do, but it's also largely a moot point considering the NSA has direct server access to AT&T and other telecomms and can monitor all traffic that comes across their network. Also remember that you do not have to consent to search of your property or person if you are not being arrested. Know your rights and don't let the police try and intimidate you if you've done nothing wrong.
Here we go .... Gotta love the race card