If you’ve been stopped and searched by the police it’s important to know what your rights are and what the police can and can’t do. The Fourth Amendment to the Constitution protects all citizens from unreasonable searches and seizures. Recently the United States Supreme Court handed down a landmark ruling in the case of Riley v. California that limits what law enforcement can do when they arrest individuals who are suspected of committing a crime.
In Riley v. California a unanimous Supreme Court ruled that police do not have the automatic right to engage in the warrantless search of the cell phones of those who have been arrested. Unless there is evidence to show the phone has been used to facilitate the crime or contains evidence of the crime the Supreme Court ruled that the police must obtain a warrant before searching the phone.
Most people now carry smart phones and they contain so much information about our personal lives.
Writing for the majority Justice Roberts recognized this fact when he said, “Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans the ‘privacies of life.”
Many criminal cases are built on evidence that has been obtained as a result of an illegal search or seizure. A skilled criminal defense attorney can assist you by filing the appropriate motions to suppress evidence. If successful these motions can usually result in charges being dropped and cases being dismissed.
If you have been stopped or arrested by the police and you feel that your rights were violated contact Chambers Legal. We have a team of experienced attorneys who have practiced criminal law in federal and state courts. You have the right to be free from unreasonable searches and seizures. We are here to help you defend that right.
