Search and Seizure Video
Hi, this is Mitch Sexner, founder and managing attorney at Mitchell S. Sexner & Associates LLC. Since 1990, our experienced legal team has been helping clients achieve success with their criminal and traffic cases.
Today I am going to explain under what circumstances the police can search through your phone. Whether youâre detained by the police as a criminal suspect or arrested for a crime you are still covered by the 4th amendment of the United States Constitution. This protects you against unreasonable searches and seizures. In other words police are not allowed to just do whatever they want and search wherever they choose.
The police can search you and your property only under limited circumstances which include protecting the officerâs safety and preventing the destruction of evidence.
Not so long ago a phone was just a phone. You talked on it that was it, but phones have become much more than that. They often contain addresses, photographs, videos, and entire histories of text messages. Your phone probably has more personal information on it then you have in your entire home.
Just recently the U.S. Supreme Court ruled on this exact issue. They decided that the police canât search your phone without a warrant. Thatâs very good news and it means that generally the police will first have to ask a judge for permission before they look at whatâs on your phone. A good attorney may be able to use this new Supreme Court court case to suppress, which means to keep out, cell phone evidence that could otherwise be used against you.
If you have any questions about cell phone searches or any other matter feel free to call me anytime. This has been Mitch Sexner of Mitchell S. Sexner & Associates LLC.