Illegal Search Of A Cellphone Violates Your Rights

Illegal Search Of A Cellphone Violates Your Rights

Our cellphones are our lifelines these days. Think of how much personal information is stored on them. No longer just a convenient way to keep in touch, cellphones are a treasure trove of private information –  and the police know that. If you are arrested, the police may want to search your cellphone for evidence, in much the same way that they’d search your home, vehicle, or computer. But is this legal?

In a word, No.

The Supreme Court Ruling Protects Cellphone Data

In June 2018, the U.S. Supreme Court ruled that police need to have a warrant in order to search cell phones, in most cases. It was argued that cell phones should be treated the same as computers and are protected under the Fourth Amendment’s unreasonable search and seizure clause. An illegal search of a cellphone could uncover damaging evidence, but without a warrant for the search, there is a strong chance that such evidence may not be accepted by the court.

This was an important ruling for privacy and private property rights, providing evidence that our country’s laws don’t always keep up with technology.

Exceptions To The Warrant Requirement

As is the case in many situations, there are exceptions to this rule. In the following situations, law enforcement officials do not have to obtain a warrant before searching a cellphone:

  • The phone contains information that may protect people who are in immediate danger.
  • Evidence on the phone may be destroyed if police must wait for a warrant.

There is always a chance that the law will change in the future, but for now, know that cellphones are protected from searches.

Eisenberg Law Offices Will Fight For Your Rights

The United States has many laws and safeguards in place to protect individuals from self-incrimination and to protect citizen’s privacy. The trouble is, many citizens aren’t aware that these protections exist and law enforcement officials may try to take advantage of this lack of knowledge, such as through the illegal search of a cellphone.

If you are facing charges and need help building a strong defense, contact Eisenberg Law Offices for help. Our criminal defense attorneys bring decades of experience to every case and will work hard to ensure that your rights are fully protected – whether you are guilty or innocent.

Contact Eisenberg Law Offices in Madison, WI at 608-256-8356 or Info@EisenbergLaw.org to schedule a free consultation.

EISENBERG LAW OFFICES

308 East Washington Avenue Madison,
WI 53703
(608) 256-8356

Eisenberg Law Offices, s.c.

Madison WI Attorneys since 1983

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