Can Police Use Your Cell Phone Data Against You in Delaware Criminal Cases?
Your cell phone contains all sorts of information, ranging from personal correspondence to highly specific GPS tracking. However, one thing that people don’t know is that such information could be used as incriminating evidence in court. Police in Delaware regularly seek the use of cell phone data in their investigations. Learning about the circumstances when they can or cannot access your data is key to protecting yourself legally.
What types of cell phone data can be used?
Today’s smartphones have a considerable amount of information that can potentially prove useful in investigating crimes. This includes such things as text messages, phone call logs, emails, pictures, video clips, social networking activities, and even usage patterns of various applications. What is more, phones also create information about their owners’ whereabouts by means of GPS tracking, wireless internet access, and cellular tower triangulation.
Do police need a warrant?
For the most part, yes, police do need a warrant to access your phone. According to the Fourth Amendment, citizens are guaranteed protection against unreasonable searches and seizures. Mostly, authorities do need a warrant based on probable cause to look into the cell phone. The courts have acknowledged that there is a lot of private data stored on cell phones and that the data deserves more protection than any other type of property.
Nevertheless, there are some exceptions to this rule. For instance, the police can perform a search with the owner’s consent, without the need for a warrant. There might be times when the police will not need a warrant due to an emergency.
Location tracking and privacy concerns
One of the key concerns surrounding cell phone information is location tracking. The authorities can ask for information about previous locations to demonstrate where an individual was at a specific moment. Due to the nature of the data, courts have made certain requirements regarding the procedure for collecting it.
Typically, police officers have to obtain a warrant before gaining access to the information about past locations. Otherwise, your lawyer will be able to question the evidence and exclude it from the case.
How is cell phone evidence used in court?
The data from a cell phone can be extremely valuable to the prosecution once it has been obtained. Text messages can be used to prove intent, and location data could be used to substantiate or disprove the evidence provided by witnesses. Yet, not all data is as simple as one would think it is at first glance.
Challenging cell phone evidence
The role of an expert defense lawyer is to determine how the data was collected and if there was any infringement on your constitutional rights. In cases where your rights have been violated, your lawyer can move for the suppression of evidence against you if the search was not properly carried out as per the warrant.
Talk to a Wilmington, DE, Criminal Defense Lawyer Today
Michael W. Modica represents the interests of Delaware residents who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.