In 2022, we have more personal data stored on our phones than we ever imagined. Our phones hold an astonishing amount of extremely sensitive information, ranging from our bank account balances to our weight to personal images, making it all the more necessary that they be safeguarded from illegal searches.
To examine your phone in California, the cops will almost always require a valid search warrant. However, there are several circumstances in which the police can examine your phone without a warrant, gaining access to all of your data and perhaps uncovering proof of a crime. Keep reading to learn more and contact Chambers Law Firm at 714-760-4088 if you require a free legal consultation with an experienced criminal defense attorney.
If you consent to a search, the police can search your phone
Most criminal defense attorneys in California will tell you that you should never submit to a search of your phone, body, car, house, or anything else. Consenting to a search seldom works out in your favor, even if you feel you have nothing to hide. Before agreeing to a phone search, speak with an experienced California criminal defense lawyer, since you may be giving up essential legal rights that might hinder your case later.
The police can take possession of your phone if you are arrested
If you’ve been legitimately detained, the police can take your phone while you’re in custody. They can then acquire a search warrant to search the data on your phone once they have hold of it.
The police can search your phone in a legitimate emergency
If there is an emergency scenario that necessitates it, the authorities can inspect your phone. This must be one of three situations: (1) to prevent the destruction of evidence; (2) to pursue a fleeing suspect; or (3) to aid someone who has been badly hurt or is in danger of being seriously damaged.
If the police search your phone without a warrant or your permission, you do have options
An experienced criminal defense attorney in California can submit a request to suppress the evidence. This motion is predicated on your right to be free from unreasonable searches and seizures under the Fourth Amendment. The evidence must be suppressed or omitted if the police violated this privilege.
Furthermore, if the authorities obtained further evidence as a result of the “tainted” evidence, that evidence may be removed as well. For example, if the authorities searched your phone unlawfully and discovered evidence that you had a secret store of illicit narcotics stashed at your home, both the phone and drug evidence would most likely be suppressed.
Call an attorney for additional help
Given the importance of cell phones in our daily lives and the quantity of data saved on them, it is critical that you have an active, competent attorney on your side to represent you and safeguard your phone’s privacy interests. Our California criminal defense lawyers at the Chambers Law Firm know the law and how to obtain outcomes. To book a free first consultation and understand how we can help you if you have been charged with a crime in California, call 714-760-4088 or email dchambers@clfca.com.
