Your phone is more than a communication device. It is a treasure trove of information. It houses your most personal and intimate details, some of which could be critical in a police investigation. Despite its potential value to law enforcement, there are laws in place that protect your privacy.
Police cannot search your phone without a warrant
Cell phones can reveal extensive details about a person. Remember it holds data about your financial transactions, contacts, internet search history, health information and other information, some of which may be incriminating.
Your constitutional right to privacy dictates that law enforcers cannot search your phone without a warrant or your consent. Even if the police arrest you for a crime and legally seize your phone, they still cannot go through it without a warrant. This applies even if your device does not have a passcode, biometrics or other securities.
Unfortunately, privacy violations can still occur if law enforcement oversteps its boundaries. If the police take your phone and unlawfully access its contents, such actions may render any evidence they obtain from your phone unusable in court. Should this happen, it is best not to fight the police but to let an attorney manage the situation.
If you are facing legal issues or are the subject of an investigation, it is best to enlist the help of a criminal defense attorney. With a legal professional, you can have an ally dedicated to ensuring your rights are upheld throughout the process and help you navigate the criminal justice system.
Knowing and asserting your fundamental rights may make a difference in the outcome of your case.
