In most situations, the police will need a search warrant to search your phone.
In 2017, we store more personal information on our phones than we ever dreamed possible. From our bank account balances to our weight to intimate photos, our phones contain an alarming amount of incredibly private information — which makes it all the more important that they be protected from unlawful search.
In California, the police generally will need a valid search warrant to search your cell phone. However, there are certain situations in which the police can search your phone without a warrant — and will be able to access all of that information and potentially find evidence of a crime.
First, the police can search your phone if you consent to a search. Most California criminal defense attorney will advise you to never consent to a search of anything — whether it is your phone, your body, your car, your home or anything else. Even if you believe that you have nothing to hide, consenting to a search rarely works out in your favor. Consult with an experience California criminal defense lawyer before agreeing to a search of your phone, as you may be giving up important legal rights that could hurt your case later.
Second, the police can seize your phone if you have been lawfully arrested as they place you into custody. Once they have possession of your phone, they can then obtain a search warrant to search the data on your phone.
Third, the police can search your cell phone if there is some sort of emergency situation that warrants it. This must be one of three situations: (1) to prevent the imminent destruction of evidence; (2) to pursue a fleeing suspect; or (3) to assist someone who is seriously injured or threatened with imminent injury.
Fourth, if the police searched your cell phone while you were under lawful arrest prior to June 25, 2014, that evidence can be legally used against you. Before that date, warrantless cell phone searches of legally arrested defendants were legal.
So what can you do if the police searched your cell hone illegally? A skilled California criminal defense lawyer can file what is known as a motion to suppress the evidence. This motion is based on your Fourth Amendment right to be free from unreasonable searches and seizures. If the police violated this right, then the evidence must be suppressed or excluded. What’s more, if the police got other evidence from this “tainted” evidence, then that evidence may be excluded as well. For example, if the police illegally searched your phone and found evidence that you had a secret stash of illegal drugs hidden at your house, then the phone evidence and the drug evidence would likely be suppressed.
Given the importance of cell phones to our every day lives and the amount of information stored on our phones, it is vitally important that you have an aggressive, experienced attorney to represent you and protect your privacy interest in your phone. At the Chambers Law Firm, our California criminal defense lawyers understand the law and know how to get results. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can help you if you have been charged with a crime in California.
