Police Need A Search Warrant For Your Cell Phone

Cell phones have changed life in many ways, and this includes the way that the police approach many criminal investigations. They know that there may be evidence in the form of text messages, email messages, pictures or videos stored on someone’s device. In certain cases, they may also want to look at a person’s browsing history or things of this nature.If you are the subject of such an investigation, it’s important to remember that the police either need to get your consent or they have to get a search warrant. You don’t have to unlock your phone for an officer, and you don’t have to let them look at the data on your device—even if you know that you are innocent and have nothing to hide. You can still tell them that they need to get a search warrant before you’re going to give them access.

The fruit of the poisonous tree

But what happens if the police force you to open your phone anyway? For instance, maybe a police officer physically takes your hand and places it on the fingerprint scanner, unlocking your phone.Not only is this a violation of your rights, but it may mean that they can’t use any evidence on your phone if your case goes to trial. This is because of the fruit of the poisonous tree doctrine. When police officers conduct an illegal search, evidence that they find may be invalidated. This is true both when they force their way into a home or when they gain access to a mobile device.

Your criminal defense options

If you’re facing charges and you’re concerned about what it means for the future, be sure you know exactly what legal steps you can take and what defense options you have.