The Fourth Amendment to the U.S. Constitution protects citizens against unreasonable and unlawful searches and seizures. Moreover, if police obtain certain evidence as a result of an unlawful search or seizure, a good criminal defense attorney will try to suppress that evidence and make sure the prosecution does not introduce it at trial. This could ultimately result in a dismissal of the charge—or of the entire criminal case.
The U.S. Supreme Court has essentially ruled that police may not search a person’s cell phone incident to a lawful arrest—at least in most cases. If you believe that police officers violated your rights during an arrest, you need an experienced criminal defense attorney advocating for you. The Wheaton and DuPage County, Illinois attorneys at Martin & Kent, L.L.C., may challenge your arrest or help you formulate a good legal defense to your criminal charge.
Before the Supreme Court’s Ruling
Before the Supreme Court’s ruling, the majority of law enforcement officers believed that they had the right to search an arrestee’s cell phone immediately after an arrest took place. As part of searching the arrestee’s cell phone, some officers believed that they could view the arrestee’s call history, read all text messages, and review all of the internet searches made by the arrestee before the arrest.
After the Supreme Court’s Ruling
After reviewing appellate decisions in the cases of Riley v. California and United States v. Wurie, the Supreme Court found that it was unlawful to search the contents of an arrestee’s cell phone that was seized incident to an arrest. More specifically, the Supreme Court found that before officers search an arrestee’s cell phone incident to arrest, they must first obtain a search warrant.
In reaching its decision, the court ruled that cell phones are different from other objects that police may find in an arrestee’s pocket. Specifically, the court found that searching the contents of an arrestee’s cell phone akin to searching a suspect’s home after finding a key in his or her pocket. The court went on to say that since a cell phone can hold literally thousands of videos, photographs, text messages, and other pieces of information, searching those items without a warrant amounted to significant overreach.
Practical Effects of the Supreme Court’s Ruling
The Supreme Court’s ruling has several important after-effects. First of all, prosecutors should inform police officers and other investigators that before searching the contents of an arrestee’s cell phone incident to arrest, they must first obtain the arrestee’s consent. Alternatively, if the officer has probable cause to believe that the arrestee has committed a crime, then the officer must obtain a valid search warrant before searching the phone’s contents. Law enforcement, therefore, must understand that probable cause, alone, is insufficient to search the contents of an arrestee’s cell phone.
Although the court’s decision prohibits searches of cell phone contents incident to arrest, other traditional exceptions to the warrant requirement are still in place. For example, if probable cause plus “exigent circumstances” exist, then the officer may search the contents of an arrestee’s cell phone immediately following an arrest.
Exigent circumstances are fact-specific and may include:
- The need to prevent the destruction of certain evidence in a criminal case
- The need to go after a suspect who is fleeing the scene of a crime (that is, when the officer is in hot pursuit of a fleeing suspect)
- The need to assist a person or persons who are in imminent danger of losing their lives or who have suffered (or who have been threatened with) grave bodily harm
What Happens if the Police Engaged in an Unlawful Search?
Pursuant to the Fourth Amendment to the U.S. Constitution, people have the right against unwarranted and unlawful searches and seizures. This prohibition against unlawful searches and seizures extends not only to people but also to their property.
If a police officer violates your Fourth Amendment rights, such as by searching your cell phone incident to arrest (and without having first obtained the necessary search warrant or satisfied some other warrant exception), the court may exclude any incriminating evidence improperly obtained from the phone from the criminal case.
When it comes to arguing for the exclusion of certain evidence in your criminal case, an experienced criminal defense lawyer can help you. A skilled lawyer will be able to file the necessary motion in limine in court and argue against the introduction of certain evidence.
Without this illegally obtained evidence, the prosecution may find it difficult, if not impossible, to satisfy all of the elements of its case. In all criminal cases, the prosecution has the burden of proof beyond a reasonable doubt. If the prosecution cannot satisfy this standard as to every legal element of the crime, the court could dismiss the charge—as well as the entire case.
Talk to a Skilled Wheaton and DuPage County, Illinois, Criminal Defense Lawyer about your Rights Today
Everyone knows that, like it or not, cell phones are a part of modern life. Given the private nature of these cellular devices, police officers should not ordinarily search them incident to an arrest. This is true even when that arrest is lawful.
If you believe that police officers violated your Fourth Amendment constitutional rights following an arrest, the experienced criminal defense lawyers at Kent Law, L.L.C., may help. With our combined 45-years plus of legal experience—including prior experience as felony prosecutors—our attorneys know which defenses are likely to hold up in court. Our experienced lawyers will gladly raise those defenses on your behalf and advocate for you every step of the way.
To schedule a free consultation and case evaluation with an experienced Wheaton and DuPage County, Illinois, criminal defense lawyer, please call our free 24-hour hotline at (630) 474-8000 today.