Criminal Law

questions & answers

Question: if i got pulled over and my passenger had just bought bullets from the gun show, does that give the cops probable cause to go thru my cell phone?

Answer: Warrant-less searches are routinely permitted in order to ensure the safety of the officer, disallow means for escape, and preserve any evidence that may be used. Decided by the United States Supreme Court on June 25, 2014, Riley v. California brought a halt to warrant-less searches of cell phone data. The court found that although the physical frame of the cell phone could contain a razor blade (or weapon of that sort); the digital data could not be used as a weapon or means of facilitating an escape. The only way a police officer is permitted to search a cell phone is through use of a valid warrant and if the owner of the device gives consent to the officer on site. Contact a licensed attorney in order to get more details about your rights and next course of action.