Can Police Search Your Phone After an Arrest?
Many people are surprised to learn that law enforcement officers generally cannot freely search the contents of a cell phone simply because an arrest has occurred. If you have concerns about a phone search following an arrest, our criminal defense lawyers in Fort Worth can help you understand your rights and determine whether law enforcement acted within the limits of the law.
When Can Police Search Your Phone After an Arrest?
Cell phones contain a significant amount of personal information, including messages, emails, photographs, financial data, and location history. This information can clue law enforcement into a vast amount of a person’s activity. Because of the extensive private information stored on modern devices, there are laws that heavily regulate searches.
Under Texas Code of Criminal Procedure Article 18.0215, police generally cannot search a person’s cell phone or other wireless device after an arrest unless they first obtain a search warrant from a judge.
To get the warrant, the officer must submit a sworn application showing probable cause that a crime has been, is being, or will be committed, and that evidence of that crime is likely to be found on the device.
Exceptions That May Allow a Warrantless Phone Search
While a warrant is generally required, there are limited circumstances where police may be permitted to search a phone without first obtaining judicial approval. Some examples may include:
- The phone owner voluntarily consents to the search.
- Exigent circumstances exist, such as an immediate threat to public safety or a risk that critical evidence will be destroyed.
- The phone is reported stolen.
- The phone is possessed by a felony fugitive.
If police conduct an emergency or fugitive-related warrantless search, they must seek a warrant as soon as practical afterward. Even when officers claim an exception applies, the legality of the search can still be reviewed by a court. Evidence obtained through an unlawful search may be subject to suppression.
What Should You Do if Police Search Your Phone?
If law enforcement asks you to unlock your phone for them, you do not have to do so. However, it’s recommended to avoid resisting or stopping them from taking your phone. Verbally communicate that you do not consent to the search, then stay quiet and calm until you can seek legal counsel.
If law enforcement has searched your phone after an arrest, it is important to avoid making statements about the contents of the device without legal representation. Anything you say can potentially be used against you during criminal proceedings.
An experienced attorney can examine the legality of the search and determine whether any evidence should be challenged in court.
Seek Legal Guidance From a Skilled Criminal Defense Attorney in Fort Worth, TX
Questions regarding constitutional protections can have a significant impact on the outcome of a criminal case. A Fort Worth criminal defense lawyer from the Law Office of Kyle Whitaker can advocate on your behalf throughout the criminal justice process. Contact our firm today online or by calling 817-332-7703 to schedule a consultation with an experienced attorney.