Why The Police Want to Search Your Cellphone (And Why You Should Not Consent)

People do everything on their phones today. Unsurprisingly, even the simplest cell phone contains ample amounts of evidence that could prove useful in a criminal prosecution. The office of Michael W. Modica has defended men and women who are facing serious criminal charges, and it is never good when cell phone evidence is introduced. Below, we look at some of the evidence on your phone that the prosecution might find useful.

Location History

Police often use GPS and cell tower information to find out where your phone was located. They assume the phone is on your person, so this information becomes one way to connect you to the crime scene.

Search History

The police will be interested in your internet browser history. For example, some defendants search how to hide a body or how to drown someone. If something suspicious shows up in your browser history, then the police will likely use it.

Email and Text Messages

Were you in contact with the victim? The police would love to have this information as part of a criminal case. Unfortunately, some defendants make admissions in text conversations, which are as good as making them to the police in person.

Call History

You might have called the victim of a crime or even another suspect. The police will use this information to tie you to the crime. For example, a person in custody might have called you right before committing a crime. This evidence might show that you were planning the crime together.

Phone Messages

There might be a voicemail message from someone connected with a crime. The contents of these messages can be incriminating.

Photographs

You might have photographs of the victim on your phone, or photographs that otherwise link you to the crime scene. As an example, you might have photos of you wearing a certain type of shoe, and there were shoe prints at the crime scene. The police might use the photograph to connect you to the scene, even if you threw the shoes away.

Police Need a Warrant to Search Your Phone

Under the Fourth Amendment, people have a reasonable expectation of privacy in their cell phones. This means that the police cannot simply grab your phone and start scrolling through to see your messages or call history. Instead, they need a search warrant in most cases—or else you consent to the search.

Nobody who is a suspect should ever consent to a search. Instead, make the police get a warrant, even if that is burdensome to them. Never make it easy for the police to build a case against you!

If the police search a phone without permission, then our office can move to suppress the evidence. The case against you could fall apart like a house of cards at that point.

Speak with a Wilmington, DE Criminal Defense Lawyer

Michael W. Modica has deep experience in felony and misdemeanor crimes. Were you arrested? Call our Wilmington criminal defense lawyers to schedule a consultation to discuss whether you have a strong defense to the charges.

Source:

constitution.congress.gov/constitution/amendment-4/