Searching Cell And Smart Phones Requires A Warrant In PA
In 2015, most people in North America carry some type of mobile device with them on a daily basis. Whether your device is a basic cellphone or a deluxe smartphone there is a plethora of information about you, your contacts and your activities contained within the device. A recent criminal case in California ultimately resulted in the U.S. Supreme Court declaring its position on the special distinction cell and smartphones hold as devices with immense data and personal information storage capabilities.
Reference To The American Revolution
Writing for the court, Chief Justice Roberts noted that a key impetus of the American Revolution was the revulsion against “general warrants”. The colonial era tactic known as serving general warrants, “allowed British officers to rummage through homes in an unrestrained search for evidence of criminal activity.”
Chief Justice Roberts succinctly summarized the basis of the court’s opinion by drawing the connection to the sanctity of one’s personal information in the United States, regardless of era. “The fact that technology now allows an individual to carry such information in his hand,” the chief justice also wrote, “does not make the information any less worthy of the protection for which the founders fought.”
Technology Enables Law Enforcement To Obtain Warrants Faster
The Chief Justice also noted in his opinion that technology now makes it easier and faster for obtaining search warrants. With the use of email and tablet computers, law enforcement can in some cases obtain a search warrant in under thirty minutes.
No Warrant, No Access
If you are detained by law enforcement, they can not review the contents of your cell or smartphone without first obtaining a warrant.
All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today. There is no charge for your initial consultation.
