Can the Police Search Your Cell Phone When They Arrest You?

CRIMINAL DEFENSE ATTORNEY

Can the Police Search Your Cell Phone When They Arrest You by Saul Bienenfeld

If someone is arrested, and he or she is carrying a cell phone at the time, can the police look through the phone to search for additional evidence?

The Supreme Court decided in 2 recent cases that the answer is “no.” In both Riley v. California and U.S. v. Wurie, the Court ruled that police must first obtain a valid warrant to search the phone. This means they have to convince a judge of the likelihood of finding further evidence of criminal behavior upon accessing the device.

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