When you are stopped by the police, you may wonder whether law enforcement officials will request to search your vehicle, backpack, purse, or other personal belongings. You may also wonder whether they will search your cell phone. The vast majority of Coloradans use their phone as an integral part of their daily life. Your Internet search history, text messages, social media profiles, personal videos and photos, and even your email accounts are all contained within your cell phone.
If you are being accused of committing a crime, it is natural to want to protect your rights, including your cell phone. The information within your cell phone could easily be misconstrued. It is important to understand your rights and know how to protect them if police attempt to search your cell phone. Otherwise, evidence obtained from your cell phone could be used against you in a court of law.
According to the United States Constitution’s Fourth Amendment, Colorado police only have the authority to search a cell phone if they have a warrant. If law enforcement officials access data on your phone without obtaining your consent or a valid warrant, your criminal defense lawyer may be able to get any charges against you dismissed or have the evidence obtained from your cell phone deemed inadmissible at trial.
Colorado police have the right to search people without a warrant and take possession of everything they may have on them, including backpacks, purses, cell phones, keys, and even wallets. However, these items are typically only taken due to concerns regarding the destruction of physical evidence or causing bodily injury to themselves or others. If police search these items without a warrant, they will have violated your Fourth Amendment right.
You are under no legal obligation to allow law enforcement to search your cell phone. Police may seize your cell phone upon questioning or being taken into custody, but they are not allowed to go into it or access any of your data unless they have a warrant or you give them permission to search your cell phone.
It is not usually a good idea to give your concern for a cell phone service. Even though you may be hoping to clear your name of the allegations against you and put this experience in the past, if you give the police permission to search your cell phone, they can access data that could be misinterpreted and used against you in court.
When you give law enforcement permission to search your cell phone, you are effectively waving your right to challenge the legality of the search, which could be devastating for your criminal case. Never agree to a cell phone search unless your attorney advises you otherwise.
Police do not have the authority to search your cell phone without a warrant. If you give your consent for a cell phone search, police do not need a warrant. However, it is seldom in your best interests to allow law enforcement officials to search your cell phone without approval from your criminal defense lawyer.
When you are being questioned, accused, or charged with a crime, take steps to protect your future. Connect with an experienced and aggressive Colorado criminal defense attorney from McAdams Law Office today. Schedule your confidential defense strategy session when you call our office or submit our secured contact form.