In many cases in which the police are investigating a person for a crime, they try to gather as much evidence implying the individual’s guilt as possible. The police must abide by the confines of the law, however, and cannot overstep their boundaries, or it will constitute a violation of a person’s constitutional rights. For example, people generally have the right to deny the police access to their phone and online records, and if the police ask a person to turn over their electronic devices without a warrant, it may constitute an unreasonable search and seizure. If you were investigated for a criminal offense and asked to produce your phone, it is important to know how to protect your rights, and you should speak to a trusted Tampa criminal defense lawyer about your options.
Can the Police Force You to Turn Over Your Phone and Online Records?
Pursuant to the Fourth Amendment of the United States Constitution and Section 12 of the Constitution of the State of Florida, people have the right to be free from searches and seizures that are unreasonable. The courts have interpreted these provisions to mean, in part, that the police generally cannot conduct a search or take someone’s property without a warrant. In other words, they typically are not permitted to force people to hand over their phones or allow the police to search their computer records unless the police have a valid warrant.
Further, under Florida law, the police must demonstrate probable cause to obtain a warrant to conduct a search. This means that they must show that when presented with the information in the officer’s possession, a reasonable person would determine that a crime has been committed and that the individual the warrant pertains to committed the offense. Put another way, a police officer must offer factual evidence indicating he or she harbors a rational belief the defendant broke the law. Continue Reading ›