This blog focuses on the topics of digital privacy and your constitutional rights – and do the West Palm Beach police have the ability to take your phone.
As we all tend to carry our phones with us wherever we go, if we are arrested for a crime, there is a higher likelihood that we will have our phones with us.
This raises questions that many people would like to know the answers to. However, in the heat of the moment (during an arrest or during a search of your car or your clothing) you may have allowed the police to take or look through your phone without cause. In fact, their search may have been illegal.
Your smartphone contains sensitive personal information and that information is protected by both state and federal laws. Understanding your rights during a potential phone search is crucial to protecting your privacy and constitutional protections.
As criminal lawyers, we’re often asked:
Can the police take my phone?
Can the police search my phone?
Can information that’s on my phone be used against me?
The answers to those questions are not always so simple.
It can depend on a variety of factors. Quite often, as criminal lawyers, our job is to investigate the facts after a criminal charge or arrest and pair those details with our understanding of the law and the specific application of the law.
Can the Police Take Your Phone?
Generally, the answer is no. As a U.S. citizen, you are protected from unreasonable searches and seizures, including your cell phone.
You are protected by:
Fourth Amendment protection against unreasonable searches
Florida Constitution’s privacy provisions
U.S. Supreme Court guidance (Riley v. California, 2014)
In the 2014 case Riley v. California, the U.S. Supreme Court ruled that police officers must obtain a warrant before searching a cell phone seized during an arrest:
The court ruled that cell phones are different from other personal property because they can store a large amount of personal information that is not immediately accessible.
So most of the time, police won’t be about to just take your phone. That being said, there are exceptions to these legal protections.
Generally cannot search your phone without:
A valid search warrant – the court orders the taking of the phone
Your explicit consent – you give them permission to take or look through your phone
Specific emergency exceptions – if the police feel like something within your phone may cause or help to avoid some sort of threat or they believe the phone contains evidence which can be destroyed
When Can Police Search Your Phone?
Police will need a search warrant, approved by a judge, in order to take and search your phone:
Getting a warrant prior to taking your phone is standard procedure for phone searches
The warrant must demonstrate probable cause – police need a valid reason to take it
A judge must approve the warrant – they will review the reasoning that the police provide
The warrant must specify exact search parameters
There are exceptions to a warrant requirement – sometimes the police don’t need a warrant to take your phone if they believe:
There is an immediate public safety threat
Evidence is at risk of destruction
They have consent from the phone owner
What are Your Rights During a Potential Phone Search?
What to Do:
Remain calm and respectful
Clearly state “I do not consent to a search”
Request to see a warrant
Ask to speak with an attorney
Do not physically resist
Do not provide passwords or unlock the device
Important things to know about consent:
Your consent must be voluntary
You can withdraw consent at any time
Refusing a search is not an admission of guilt
Law enforcement cannot compel you to unlock your phone without a warrant
What are Some Potential Consequences of Illegal Phone Searches?
The evidence may be suppressed in court
Violation of constitutional rights
Potential civil rights lawsuit
Quick Tips for Protecting Your Digital Privacy:
Don’t commit illegal acts
Use strong passcode or biometric lock
Consider encryption
Understand your rights
Consult with a criminal defense attorney if questioned
Understanding your digital privacy rights can make a significant difference if you’re ever confronted with a potential phone search. That may be easier said than done, which is why criminal defense lawyers are there to help if you believe your phone has been taken by police without cause.
Phone Taken or Searched? Don’t Wait to Hire a Criminal Defense Attorney in West Palm Beach
Criminal lawyers in West Palm Beach know how the law applies to phone seizures and searches. The bottom line is this: if you’ve been charged with a crime or are under investigation – whether your phone was involved or not –, the best time to hire a criminal defense attorney is immediately.
To set up a consultation with a knowledgeable Palm Beach County criminal defense attorney, call us today at 561-318-0531.
The earlier you have professional legal representation, the better your chances of avoiding critical mistakes, protecting your rights, and achieving the best possible outcome for your case. Remember – arrests are common in Florida, the legal consequences are serious, and having a knowledgeable criminal defense lawyer is essential to protect your rights and achieve the best possible outcome.
If you were charged with a serious crime in West Palm Beach or anywhere in the state of Florida, please schedule a free consultation with The Pakett Law Group. You can call 561-318-0531 or email us here.
The Pakett Law Group, PA is committed to providing our clients with the highest quality representation. With over a decade of legal experience, West Palm Beach criminal defense lawyer Brian T. Pakett and his team of West Palm Beach criminal lawyers possess a comprehensive understanding of Florida criminal law – which can benefit you in your time of need.