Tenacious
Defense

In the heart of Manhattan’s Financial District

Tenacious
Defense

In the heart of Manhattan’s Financial District

Police often need a warrant to search your phone

On Behalf of | Oct 29, 2024 | Criminal Defense |

If you’ve been accused of a white-collar crime, such as embezzlement or financial fraud, the police may want to search your electronic devices for evidence. They may want to read your text messages or look at your Internet search history. They may want to see what accounts and apps you use or how you send direct messages. They may just be looking for pictures or videos that could support their case. There are many different types of evidence that could be stored on a phone.

As such, even if you believe you’ve done nothing wrong, you may be wary about turning your phone over to the police. You don’t want to incriminate yourself and you don’t feel comfortable allowing them to search your personal device. Remember that they may ask for consent, but you don’t have to provide it, and that would mean that they need a search warrant.

How the search warrant changes things 

If the police do get a search warrant, then it may become impossible for you to prevent them from accessing your device. They can serve you the warrant the same way they would do so to search your house or other real estate. The court can compel you to unlock your device with the warrant, if a judge believes it is necessary. Police no longer need your consent.

Another thing to keep in mind is that the police officers may not have to serve you with the warrant in the first place. For example, there have been cases where investigators have used warrants to obtain messages directly from Facebook. If any potential evidence is stored on cloud servers or controlled by tech companies, the police may have other avenues to get that information – even if they don’t have your phone.

These cases can grow very complex, so be sure you know what legal options you have.

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