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.
In Colorado, police cannot search your phone unless they have a warrant. The Fourth Amendment guards against unreasonable searches and seizures, and this protection extends to cell phone data. Here’s what you need to know about police authority over cell phones:
Police must secure a warrant to examine the contents of your phone. The Supreme Court’s ruling in Riley v. California reinforced this, recognizing that cell phones hold extensive personal information and, as such, warrant strong privacy safeguards.
If law enforcement accesses your phone without a warrant or consent, any evidence obtained may be ruled inadmissible in court. A defense attorney can challenge such evidence based on Fourth Amendment violations.
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.
William T. McAdams, known as Bill, is a highly experienced criminal defense attorney and former prosecutor. Since establishing McAdams Law Office in 2006, he has represented clients in cases including DUI, domestic violence, and theft, handling over 100 jury trials. Bill serves clients predominantly in Weld and Larimer counties, including Greeley, Evans, Windsor, Loveland, and Fort Collins. An active community volunteer and member of multiple legal associations, he is dedicated to protecting his clients’ rights.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.