Nowadays, it is rare to meet someone who does not own a smartphone. It is normal to wonder if Florida police can search your phone for evidence. Can police officers scroll through the information contained on your phone without a warrant?
If you are arrested, officers are able to search you, and any “containers” that are in your immediate control. A “container” can be a wallet, bags, boxes or anything a person might use to store other items. Even a pack of candy could classify as a container.
However, the Supreme Court stated that a phone is not a normal container that is able to be searched with reasonable suspicion. This is because cell phones don’t contain physical evidence such as drugs, weapons or other things officers look for during a search. Our cell phones contain digital evidence—something that is treated differently by the law.
The Fourth Amendment protects individuals from unreasonable searches and seizures by the government. When it comes to your phone, the Fourth Amendment protects the information on your computer, cell phone, home, vehicle, business, and any other object or place where citizens should have a reasonable expectation of privacy.
In conclusion, while law enforcement may take your phone from you during an arrest, they can not conduct a search of its contents without a warrant or probable cause. If you think you’ve been the victim of an illegal search, contact Michael B. Cohen to ensure your rights are protected.