Cell phone searches are becoming much more common as more and more people store important photos, videos, and messages on their phones. It can often feel like phones store our entire lives. They hold notes, contacts, entertainment, and numerous apps that make life easier. For many, passwords are created and thumbprints are scanned to keep all the info secure and out of sight. But when something goes awry, and government become involved, how much can they see? Can the police go through the texts, photos, and browser history? Do you have any privacy rights in your phone? Are cell phone searches legal?
Can the Police Seize Your Cell Phone?
The police can take your phone for different reasons. The most obvious reason for cell phone seizures is if the owner is going to prison. During this instance, all belongings would be seized and returned upon exit. If the owner is not in prison, there could be other reasons that would necessitate a cell phone being acquired by the police. Cell phone searches could happen even if the owner had nothing to do with a crime being committed and is completely innocent.
Can the Police Take Your Phone for Evidence?
Humans are naturally drawn to catastrophes and violence. It’s what glues us to the television set and entices us to go the movies. While most of us prefer not to be directly involved with anything violent, it is intriguing to be a bystander of such an event. Police may become aware that certain phones captured a crime on video. For this reason, cell phone searches may ensue. This is only to ensure that the criminal behavior witnessed does not go unpunished. Cell phone searches can also bring up evidence linking the owner of the phone to criminal offenses and illegal activities. Photos and video can be used as evidence. Cell phone searches can also reveal text messages. If the content is unsavory, it could readily convict the owner.
Can a Police Officer Seize Your Cell Phone Without a Warrant?
In the Riley v. California case, the decision led to requiring a warrant before searching a suspect’s smartphone. In the case, Riley had been pulled over for having expired license registration tags whilst driving. Upon further inspection, it was found that Riley was also in possession of a suspended drivers license and two guns. When coming across his smartphone, the police went through it and were able to connect Riley to a gang drive-by shooting with the help of photos and videos. In this case, it was lucky to come across a case such as this. However, it was an invasion of privacy. This prompted the expansion of possessions needing warrants, and thus cell phone search warrants became necessary. A police officer can seize your cell phone without a warrant. However, they are unable to view anything on the device without a cell phone search warrant.
Can the Police Read Your Text Messages?
Text messages are fair game for police if they want them. In order to obtain text messages, police can go to the cell phone carrier with either a subpoena or court order (warrants are not necessary). Some phone services, such as AT&T and Verizon, do charge a fee for the records being obtained. However, it was recently decided by the Supreme Court that those who have been arrested by the police cannot have their cell phones searched through until a warrant is obtained.
Can the Police Look at the Photos on Your Cell Phone?
Not all photos on phones are harmless selfies and memes. Some pictures can be quite private, and outside parties looking at the photos could be disruptive. In the case of Nathan Newhard, he was suspected of driving under the influence of alcohol and thus arrested. When his cell phone was seized, it was searched. Photos on the device were looked through by the arresting officer, Sgt. Matt Borders. Amongst the images were nude photos of Nathan and his girlfriend, Jessie Casella, in sexual positions. The arresting officer drew the rest of the police department’s attention to these photos. This incident was made public and repercussions included the loss of Nathan’s job as an elementary school teacher. The police responsible for this incident were sued, however the case was dismissed in court. The overall ruling was that “Under the alleged circumstances, Casella lacked an objectively reasonable expectation of privacy in the images stored on the cell phone possessed by Newhard. Accordingly, she lacks standing to sue.” The police depatment was not held liable. This situation shows that proper procedures are not always followed through. Additionally, it can be difficult to distinguish whether photos are approriate to pore over, even if a warrant was acquired for the device.
When it comes to what is safe from the police’s prying eyes when cell phone searches occur, photos are fair game. Even if you delete photos off your cell phone, they are still able to be tracked down and uncovered. When photographs are deleted from a cell phone, they still can remain in areas of the flash chip called solid state memory. With the proper forensic software team, police can easily recover deleted data.
Can Police Make You Use Your Fingerprint to Unlock Your Phone?
Fingerprints unlocking cell phones have been introduced to the world of technology for less than a decade. If someone is arrested and important information is suspected to be on their cell phone, a specific warrant is required. The warrant would state that the owner of the cell phone must unlock their device using their fingerprint. Police have updated warrants to suit their needs. If a cell phone is locked and can be unlocked by the aid of your fingerprint, you can be court-ordered to unlock it.
Can Police Make You Give Them Your Cell Phone Password?
Late last year, Aaron Stahl was arrested for third-degree voyeurism in Florida. He was suspected of taking photos up a woman’s skirt whilst shopping. Upon his arrest, police were unable to unlock his phone. Stahl refused to offer his four-digit passcode. After going back and forth in the court, it was eventually decided and ordered that Stahl must disclose his passcode to the police. Giving up a cell phone password was no longer considered a violation of the Fifth Amendment.
Can Your Cell Phone Be Seized At the Border?
At border crossings and airports, the Fourth Amendment doesn’t apply to U.S. citizens. Luggage can be rifled through, questions can be asked, and cell phones can be searched through. Although cell phone searches at borders haven’t always been a priority, they are becoming increasingly more popular. In 2015, there were fewer than 5,000 cell phone searches at borders. But in 2016, the number jumped to almost 25,000. In February 2017, there were more cell phone searches than in the entirety of 2015. Border agents who ask for cell phone to be turned over have been known to occasionally become forceful if their request is denied. Threats of arrest may also occur until the cell phones are surrendered.
No longer do we live in a time where our data is ours and ours alone. Even if you never come up against the police, your information is still able to be rifled through. It’s important to create strong passwords and keep track of your cell phone. Police can access our information and the data on our phones, that much is certain. If you want to retain your privacy and avoid your personal data being pored over, one option is to do your best to not partake in any criminal activity or be party to it. If you haven’t engaged in any criminal activity but merely want to do more to keep your private matters private, save all your important data in the cloud or offline in an encrypted location, then wipe your phone before passing through the border. Once at your destination, you can restore the content to your phone. Stay safe and stay secure.