There has been a significant debate and a few court cases regarding the matter of whether the police can attempt to figure out the password on your phone or any other device. Attorney John A. Birdsall of Birdsall Law Offices will be featured in a legal guide video where he will comment on different types of search including the search of electronic devices.
In the meantime, check out this article on the search of electronic devices:
No.
Instead, demand a warrant. This requires that the police go to a judge and show probable cause that evidence of a crime is in the house, and they must be able to detail what that evidence is. If you consent to a search without a warrant, you will lose your right to challenge the search in court. Warrants can only be issued using “reliable” information. If the search is illegal and not based on credible information, you can bring a motion to suppress as evidence anything that was taken, meaning it will not be allowed at your trial.
Even if you think you have nothing to hide, you have nothing to gain by consenting.
TJ won a motion to suppress evidence from an illegal search where his clients home was forcibly entered without a warrant. #MilwaukeeLawyer
A great video from FlexYourRights.org on your rights when being searched by private security:
http://youtu.be/_Mk68AlhLO4
SUBMITTED BY STEVE SILVERMAN ON TUE, 01/18/2011 – 22:12
I recently moved to Los Angeles with my girlfriend, and my parents visited this weekend. Over dinner we discussed the California Supreme Court ruling which held that police officers don’t need a warrant to lawfully search mobile phones of arrestees.
All four of us own a smartphone, but I was the only one who encrypted mine. So I obnoxiously brandished my Android device to demonstrate how easy it is to swipe a simple pattern to turn the phone on.
My girlfriend, a UCLA MBA candidate, scoffed that it was inefficient and not worth her time. But I countered that the split-second motion quickly becomes effortless. On the other end, my parents thought they had nothing to hide. (Have I taught these people nothing!?)
For the more cynical among us, Ryan Radia at the Ars Technica blog presents a thorough analysis of the relevant court cases impacting your smartphone privacy rights. He also lays out simple strategies that can protect your mobile device from police searches, even if you’re under arrest.
His tips should be common sense to Flex Your Rights fans.
While the [Fourth Amendment’s] search incident to arrest exception gives police free rein to search and seize mobile phones found on arrestees’ persons, police generally cannot lawfully compel suspects to disclose or enter their mobile phone passwords. That’s because the Fifth Amendment’s protection against self-incrimination bars the government from compelling an individual to divulge any information or engage in any action considered to be “testimonial”—that is, predicated on potentially incriminating knowledge contained solely within the suspect’s mind.
As such, if you are arrested or detained by a law enforcement officer, you cannot lawfully be compelled to tell the officer anything other than your basic identifying information—even if the officer has not read you the Miranda warning. Exercising your right to remain silent cannot be held against you in a court of law, nor can it be used to establish probable cause for a search warrant.
However, if you voluntarily disclose or enter your mobile phone password in response to police interrogation, any evidence of illegal activity found on (or by way of) your phone is admissible in court, regardless of whether or not you’ve been Mirandized.
If you’ve read this far and your smartphone is still not password protected, do it now!
For more information check out our facebook page @ www.facebook.com/BirdsallLaw or our website @ www.birdsall-law.com
Posted 11 months ago. 1 helpful vote, Comments (0)
No.
Instead, demand a warrant. This requires that the police go to a judge and show probable cause that evidence of a crime is in the house, and they must be able to detail what that evidence is. If you consent to a search without a warrant, you will lose your right to challenge the search in court. Warrants can only be issued using “reliable” information. If the search is illegal and not based on credible information, you can bring a motion to suppress as evidence anything that was taken, meaning it will not be allowed at your trial.
Even if you think you have nothing to hide, you have nothing to gain by consenting.
More information about Birdsall Law Offices at www.birdsall-law.com
The Presumption of Innocence 