The protection from unreasonable search and seizure has been a long standing constitutional protection afforded to Americans. Some advocates now argue that Congress should close a loophole that would allow warrantless digital car searches.
Can an Officer Search My Car Through My Phone?
In most cases, unless law enforcement has a warrant, they cannot search a person’s computer or phone. However, cars are distinct and this becomes increasingly important as your digital identity may be connected to your car. There is a chance that police may use the exception for vehicles to carry out digital searches with no warrant.
If the police break through those rights, you can raise concerns in your criminal case about any evidence collected.
The Fourth amendment of the constitution protects people from government intrusion and enhances the rights surrounding freedom and privacy because it mandates that the government obtain a warrant based on probable cause before carrying out a search. The Supreme Court has also increasingly incorporated these protections for the digital world by extending warrant protections to vehicle GPS tracking and cell phones. Currently, the Supreme Court is reviewing whether or not law enforcement officials should have to get a warrant first before getting cell information from wireless carriers.
Law enforcement officers have long been able to stop and search your car based on probable cause without having to receive a warrant, but your personally identifying information could be exposed much more dramatically to police officers in connected vehicles that are tied to your cell phone and its use.
Hire the Right Criminal Defense Lawyer Immediately
If you believe that you have already been subjected to an illegal search and seizure, share these concerns with a dedicated attorney immediately. Erie, PA lawyers at Purchase, George & Murphey P.C. will help you with your legal claim.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.