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Your Cell Phone is Private

By Bridgette Odom Tomasetti, Esq.

The US Supreme Court recently ruled that a cell phone contains personal and private information and as such, it should remain private from police searches unless there is warrant or an exception to the requirement to obtain a warrant.

Some studies show that 90% of Americans own or use a cell phone. Now, police must obtain a warrant to search the data stored on a cell phone because it contains “the privacies of life” and cannot be searched without a legal reason. A search warrant of course must be presented to and approved by a judicial official.

Police may still search without a warrant if they can prove exigent circumstances or an emergency reason that could prevent the officer from seeking a warrant. Other permissible places for police to search following an arrest include wallets, purses, vehicles (with consent and for inventory purposes) and cigarette packs.

To learn more about your privacy rights, contact our expert Criminal Law Group to assist you in your defense at 1-(888) 458-0991.

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