Can the police take my cell phone if they are investigating a crime?

The police can seize anything that you have with you for investigating purposes if there’s an arrest. But, they can’t ask for your passcode. Your phone should be clearly password-protected so that they can’t have easy access to it. Also, understand that they now have systems that will allow them to download everything on your smartphone. We don’t want that happening. The law is in a constant flux about this issue, because people realize now that everything in your life is now stored on this phone.

Additionally, you are protected by The Fourth Amendment of the U.S. Constitution from unreasonable searches and seizures without a warrant while investigating. So, they have to get a warrant. Now, they may be able to do that or they may not be able to do that. But the bottom line here is, you don’t want to consent to it.

In summary, if you’re in a compromised situation where you’re being held in custody, you want to ask for a lawyer soon in that process. This prevents them from using the statements by you about your circumstance against you. They will do this to try to create an environment where you’re going stay in prison or go to jail. We definitely don’t want that.

Dale Carson Law is dedicated to protecting the rights of individuals.


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