Can law enforcement search your cell phone or confiscate your mobile device without obtaining a warrant? When you suspect you have been subject to or witnessed an incident of illegal search and seizure, you need a criminal lawyer in Woodbridge, VA to tease out the complex legal issues arising from your Constitutional Fourth Amendment protections.
In this new and murky area of legal specialty legal precedent is unfolding. In Riley v. California and The United States v. Wurie, the Supreme Court examined the Fourth Amendment in light of the influence of ever-evolving technology, in this case a mobile device, and the far-reaching impact on society.
The previous Constitutional standard allowed law enforcement to search or seize any item on a person at the time of their arrest. Traditionally, a wallet, purse, a receipt, or anything in your pocket was susceptible to confiscation and legal scrutiny. The Supreme Court ruled there is a distinct legal difference between a cell phone device and the private, potentially sensitive digital data stored within or accessed via that device.
In cases involving searches incident to an arrest, the sequence and timing of events influence the provisional protections of the Fourth Amendment. The establishment of a reasonable expectation of privacy can lead an astute criminal lawyer in Woodbridge, VA to question the legitimacy of police procedure and applied tactics, as well as ensuring your Constitutionally protected civil rights are upheld.
In order to gain standing to claim protection under the Fourth Amendment, your criminal lawyer in Woodbridge VA has to demonstrate the accepted standard for a reasonable expectation of privacy. In our society we have yet to determine appropriate legal definitions and precedents universally recognized in criminal legislation involving digital data and devices.
According to these rulings, officers are permitted to access mobile devices, extract relevant data, and alter settings to prevent the destruction of potential evidence. They can also inspect mobile devices to ensure their are no concealed weapons. If emergency circumstances involving officer safety or data preservation can justify a warrantless search, exigency exceptions can be argued by a qualified criminal lawyer in Woodbridge, VA specializing in the legal treatment of emerging technology legislation.
Major legal rulings regarding the ramifications of cell phones, e-mail, remote GPS tracking devices, long-term tracking by aerial and remote drone surveillance are yet to come. Does the government need a warrant to access information collected without “physical intrusion” on property? Stay tuned.
First responders and criminal investigators have authority to apply their personal knowledge of a particular case, including physical evidence and interviews, to extract any relevant data from a suspect mobile device sans warrant if circumstances meet the exigency requirement established in Riley. As with so many other legal questions, the answer is… it depends.
Contact the cutting-edge legal experts at Boone Beale to find a criminal lawyer in Woodbridge, VA to represent your legal rights in an ever-changing digital world.