The answer to this question is both yes and no. there is occasions in which it is suitable for the police to take a peek inside of your cell phone and other times when it is not. Many people face this question after a search conducted by police. If your cell phone has been went through, you might be able to challenge the evidence that produced from the illegal search of the phone. It is best to talk to a lawyer concerning evidence challenging as well as when it is and is not suitable for police to search your cell phone.
Exceptions to Warrant Rule
Police must have a warrant in order to search your cell phone. There are exceptions to the warrant rule, however. Without a warrant, a police office may search your phone in the following cases:
- Cell phone owner consented to the search of the phone
- The cell phone was in plain view of the officer
- Cell phone was insider of an automobile
- IN suspension of a crime being committed
- Pursuit and chases
- The phone is on school property
- Phone was searched after arrest was made
There are also exceptions to the rule when you have been charged with a crime in federal court. Again, this is a matter that is beset handled with the expertise of a criminal law attorney in Alabama.
It is not as it seems
Although it might seem a bit biased toward officers with the exceptions that are in place, however, this is untrue. If your phone is one but has no revealing information showing, an officer may not get into the phone areas that are protected with a password. If this happens there is a good chance the evidence is going to be thrown out of court.
If a cell phone is searched during an arrest, the information the officer obtains must be related to the specific charge that the individual is being charged with. Police must provide sufficient evidence as to their reason for searching the phone in order for it to be admissible in court.
Lost Phones and the right to Search
If you lose your phone and it is returned to the police station or has otherwise made it to the hands of the police, they have the right to access your phone in an attempt to locate the rightful owner of the cell phone. If it is stolen, the cell phone becomes police property as it is then considered evidence in a theft case. It may then be gone through as it is evidence.
Contact your Attorney
It is best to have an attorney representing you if you think your cell phone was wrongly searched. There are many attorneys that have plenty of experiencing representing this exact case. This may very well be the case, but the burden of proof lies with you. With the services of an attorney, you can definitely prove your case.