When Can Police Search Your Phone During a Criminal Investigation?

Smartphones have a significant capacity for storing your personal information. A person’s messages, emails, photos, and internet surfing history are some of the information that a person can store in just one device. Due to this capacity for storing information, cell phones have become significant devices for gathering evidence for criminal investigations. However, a police officer cannot search a person’s phone whenever they feel like it. In most cases, the law requires that they procure a warrant before doing so.

Knowing when a police officer is allowed by law to search your phone is significant if you are facing a criminal investigation in Delaware. 

The general rule: Police need a warrant 

Under the Fourth Amendment of the U.S. Constitution, an individual is protected from unreasonable searches and seizures. The courts have acknowledged that smartphones contain a wealth of personal information and are therefore afforded a high level of protection regarding searches and seizures.

In a landmark decision by the U.S. Supreme Court case Riley v. California, the Court held that the police must obtain a search warrant before reviewing the contents of your cell phone. That is significant because even if an individual is arrested, police cannot access the data contained on the phone without a warrant.

For police to obtain a warrant to search a cell phone, they must have evidence of probable cause that the information contained on the phone is connected to a crime.

Situations where police can access your phone

While the police generally need a warrant, there are some instances where police can access your phone without one.

One such case is when the owner consents to a police search. You should never do this. If the owner gives the police permission to access their phone, then police can access the phone. You are under no obligation to consent, but some people unknowingly do.

Another case where police can access your phone is when there are exigent circumstances. This refers to an emergency situation where there is no time for a warrant because important information is about to be deleted.

The police can also seize the phone when they arrest the owner. However, the police still need a warrant to access the information on the phone.

Digital evidence in criminal cases

The data collected from cell phones can be of major help in criminal cases. The prosecution can use messages, phone records, social media, GPS, and even photos to support their case.

For instance, messages sent between two or more parties can be used to support a case involving drug deals, threats, and other criminal activities. The GPS can even place an individual near the scene of a crime. Cell phones have the ability to store large amounts of data, which makes them an important tool in criminal investigations.

This means that law enforcement agencies must adhere to specific regulations in the process.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of those facing criminal charges in Wilmington, DE. Call our Wilmington criminal defense lawyer today to schedule an appointment, and we can begin preparing your defense immediately.