If you’re like most average adults, your phone is your lifeline, containing personal and financial information about yourself and others. As such, if you are under arrest or being investigated in relation to a crime, you may be worried about whether or not the police can seize and search this device. The following blog explores what you must know about these circumstances, including the importance of working with an OKC criminal defense lawyer to discuss your legal options.
Do the Police Need a Warrant to Take and Search My Phone?
Under Oklahoma law, the police do not need a warrant to seize evidence if they have your consent or believe the device is evidence in a crime for which they have probable cause to place you under arrest. They may seize the phone to protect it as evidence during a criminal investigation; however, the police cannot search your device without your permission or a warrant. This is true even if you are arrested for a crime.
Often, the police will ask you to enter your passcode so they can conduct a search of your device without the hassle of obtaining a warrant. It is critical to understand that, though they may promise that your cooperation will help you in the long run, you should not consent to a search of your device until you have consulted an experienced attorney. By discussing your circumstances with your attorney, they can advise you of the best course of action. In some instances, your attorney may be able to negotiate a legal deal for your cooperation in the investigation.
What Should I Do if the Police Violate My Rights?
In the event you are placed under arrest and the police search your phone without a warrant or consent, you should understand your rights. Unfortunately, with the rise of fingerprint-passcodes and facial identification, gaining access to the cellphone of someone under arrest is simpler than in years past.
However, this generally constitutes a violation of your Fourth Amendment rights. This amendment provides protection against unreasonable searches and seizures. Again, the police may be able to seize your phone without a warrant if they have probable cause to believe it is evidence in a crime, but they cannot search it after your arrest. The only exception to this is if there is an immediate threat to life or property, or the police have reason to believe the device will be destroyed and must search before that happens.
If you believe your constitutional rights have been violated in regards to the illegal search or seizure of your cellphone, it is imperative to connect with an experienced attorney with the Jones Firm, PLLC as soon as possible. Our team understands that not only are you fighting to seek justice for the violation of your rights, but also against any criminal charges you may face stemming from this violation. When you need legal representation, do not hesitate to contact our firm today.
