Text messages, call logs, and photos stored on your cell phone can be incredibly valuable to a police officer that believes you have committed a crime. But, when are police officers allowed to search your phone to obtain this evidence? Here’s what you need to know so you can protect your rights:
When A Police Officer Can Search Your Phone
The Supreme Court ruled in 2014 that a police officer must obtain a search warrant before he is allowed to search your phone. The search warrant must outline the phone that will be searched and the evidence that is being sought in the search. Searching a phone without a warrant is a violation of the Fourth Amendment of the U.S. Constitution, which protects people from unlawful searches and seizures.
Searching Without A Warrant
In some cases, a police officer does not need to obtain a search warrant before looking through your cell phone. For example, if you give your consent to the search, the police officer does not have to wait for a warrant. But, it’s recommended that you do not consent to a search of your cell phone, even if you are completely innocent.
Police officers can also search a phone without a warrant if “exigent circumstances” exist. This means the situation is so serious that a police officer cannot afford to wait for a warrant. For instance, if searching through a cell phone may help the police officer prevent a bomb from going off, the search can be conducted since this is an emergency situation. But, the legality of these searches can be challenged in court after they are performed. The police officer who conducted the warrantless search must be prepared to provide evidence that shows there were exigent circumstances.
Seizing the Phone
Police officers often worry that if they don’t search the phone immediately, the owner of the phone will delete valuable evidence so it can no longer be accessed. To prevent this problem, police officers are allowed to hold onto a cell phone until they are able to obtain a warrant. Even though the phone is in the police’s possession, it should not be searched until a judge has issued a warrant.
Did a police officer search through your phone? If so, contact Reisch Law Firm today. Our criminal defense attorneys will review your case to determine if the search was conducted illegally. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
