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Oftentimes, the police conduct illegal phone searches. If they have searched your phone, they are most likely looking for evidence connecting you to criminal activity. If their search of your phone was not legally done, then whatever evidence was found during the course of the search may be subject to suppression or being thrown out of court.  You need a competent, experienced criminal defense lawyer to challenge any illegal search of your phone. The law in this area is complicated.  A search warrant signed by a magistrate is generally required to access your phone’s data. However, multiple exceptions allow police to conduct searches without a warrant.

If law enforcement has searched or seized your phone, you need an experienced Houston criminal defense attorney on your side. Contact Robert J. Fickman Criminal Defense for the legal help you need.

Understanding the Fourth Amendment

The Fourth Amendment of the United States  Constitution safeguards citizens against unreasonable searches and seizures. This protection extends to digital data stored on electronic devices, including cell phones. The Supreme Court, in Riley v. California (2014), recognized that modern cell phones hold ‘the privacies of life’ and ruled that, in general, law enforcement must obtain a warrant before accessing the contents of a cell phone.

When Can the Police Search Your Phone?

With a Warrant:

To search your phone with a warrant, law enforcement must present a warrant signed by a judge. The warrant should specify the scope of the search. A valid warrant must clearly detail the type of data they seek (e.g., text messages, call logs, emails) and the time frame relevant to their investigation. This prevents overly broad searches that invade your privacy. If the warrant is too vague or exceeds its scope, any evidence obtained can be challenged in court.

Without a Warrant:

There are limited situations where the police can search your phone without a warrant:

Consent

If you voluntarily allow the police to search your phone, they can proceed without a warrant. However, you are under no obligation to consent.  You have a right to decline to consent to the search of your phone. If you grant permission to law enforcement to search your phone, there are serious consequences. If you consent to the search, you waive your Fourth Amendment rights concerning that search,h and any discovered evidence can be used against you. Always consider consulting with a criminal defense lawyer before consenting to any search. Remember, you have the right not to waive or give up your Constitutional rights.

Exigent Circumstances

These are emergency situations where immediate action is necessary. For instance, if law enforcement believes that evidence on your phone is about to be destroyed or that accessing your phone is imperative to prevent imminent harm, they may conduct a search without a warrant. However, such situations are exceptional, and the burden is on the police to justify the urgency of the search.

Incident to Arrest

If you are lawfully arrested, the police can search your immediate possessions to ensure officer safety or preserve evidence related to the crime. However, after Riley v. California (2014), this does not automatically include a full search of your phone’s digital contents.

Plain View Doctrine

If law enforcement legally accesses your phone and evidence is immediately visible without searching (e.g., an incriminating message notification), they may use that evidence. However, they cannot navigate through the phone without a warrant.

Your Rights and How to Protect Them

Knowing your rights empowers you to protect your privacy:

• Right to Refuse Consent: You have the right to decline a police request to search your phone. Politely but firmly state that you do not consent to the search. This refusal cannot be used against you in court as evidence of guilt.
• Right to Remain Silent: Beyond refusing consent, you are not obligated to provide passwords or unlock your device. Compelling you to do so may violate your Fifth Amendment rights against self-incrimination. You have a right to refuse to answer questions regarding your phone.
• Right to Legal Representation: If law enforcement insists on searching your phone or seizes it, contact a criminal defense attorney immediately. Legal counsel can provide guidance tailored to your situation and ensure that your rights are upheld throughout the process.

Seek Legal Help from a Houston Criminal Defense Attorney

A phone search is more than just looking at your texts or photos. It’s a deep dive into your personal life. If law enforcement is looking through your phone, it is not a casual matter. If they are looking through your phone, it is with the intention of finding incriminating evidence like incriminating text messages, emails, or photos. Your rights have been violated if law enforcement searches your phone without a legal basis. Robert J. Fickman has spent decades fighting to protect Texans’ Constitutional rights.  He knows how to spot when law enforcement has overstepped and how to challenge illegal searches in court.

Robert J. Fickman Criminal Defense investigates each case, questioning every step the police took. Robert fights to exclude any unlawfully obtained evidence, which could lead to your case being dismissed. His relentless advocacy has helped countless clients regain peace of mind and protect their freedom.

If your phone was searched and you’re worried about what will happen next, don’t wait. A seasoned Houston criminal defense lawyer is standing by at (713) 655-7400. You can also contact us online to schedule a free consultation.