Cell phones are essentially computers that contain massive amounts of personal data. Some of this data might be of interest to police officers in a criminal investigation. If the police took your cell phone, call a lawyer for help immediately.
The police may take a cell phone as part of a criminal investigation under various circumstances. Generally, the police need a search warrant before seizing personal property as evidence, though various exceptions exist. Regardless of how the police obtain a cell phone, searching the phone’s contents requires a warrant. If the police try to use the contents of your phone against you without a warrant, tell your attorney immediately.
For a free, confidential case evaluation, call our Philadelphia criminal defense lawyers with Kenny, Burns & McGill at (215) 774-5644.
Can Cell Phones Be Used as Evidence in a Pennsylvania Criminal Case?
Cell phones can, and often are, used as evidence in criminal cases.
Your Communications
Cell phones may be used to make calls and send text messages, which might be considered valuable evidence by the police.
If the authorities can access your phone, they can review any text messages stored on it and examine call records. The authorities may go further and subpoena phone records from your phone service provider.
Photos and Videos Stored on a Cell Phone
If the police can access your phone, one of the first things they will likely do is review any photos and videos stored on it.
Again, any incriminating information, such as photos or videos from a crime scene or of people connected to the crime, may be used as evidence against you.
Location Data
Cell phones may track your location and movements and store geolocation or tracking data. This data may be used to establish the phone’s location at certain times and, by extension, the location of the person believed to be in possession of the phone.
If data from your phone shows that it was located at or near the scene of a crime, this information may be used as evidence against you.
Even so, the fact that your phone was near a crime scene does not mean you were, and our West Chester, PA criminal defense lawyers can fight these allegations.
Can the Police Take Your Cell Phone as Evidence in a Criminal Investigation?
The police may take your phone, but accessing its contents is a different story.
Taking a Cell Phone from a Crime Scene
If a cell phone is left at a crime scene, the police can take it into evidence for further examination.
For example, if a cell phone is dropped at the crime scene, the police will take it and try to determine who owns it. Even if they do not access the phone’s contents or data, knowing who owns it may help link someone to the alleged crime.
Cell phones can also be seized if the police intervene in an alleged crime in progress. For example, the police might take a phone during a search when they arrest you.
Seizing a Cell Phone During a Search
If the police search your home or other private property, they may take your cell phone, but only if it is mentioned specifically in the search warrant.
The police may take your cell phone without a warrant during a pat-down search, but they are not authorized to search its contents until they obtain a search warrant.
Accessing the Contents of a Cell Phone
According to the U.S. Supreme Court in the 2014 landmark case of Riley v. California, searching someone’s cell phone is considered an official search under the Fourth Amendment, and the police must first obtain a search warrant.
Even if the police legally obtained the phone without a warrant (e.g., it was left at a crime scene or seized during a pat-down), they cannot access its contents without a warrant.
What Should You Do if Your Phone is Taken as Evidence in a Criminal Case?
If the police took your phone, talk to your attorney right away about what to do next.
Do Not Give the Attorneys Permission to Access Your Phone
The police are generally required to get a warrant before accessing the contents of your cell phone, but this requirement may be waived if you consent to a search of your phone.
The police might ask for your permission to search the phone, and they will probably try to make you think that giving consent is somehow in your best interest. Whatever happens, do not give consent.
Call a Lawyer Immediately
If the police seize your phone under any circumstances, call a lawyer for help.
Explain to your attorney that the police have seized your phone, and your lawyer should begin taking steps to challenge the seizure and prevent the police from going through the phone unless they obtain a warrant first.
Avoid Remote Data Wiping
Once the police have your phone, it might be tempting to erase its contents remotely. Security features allow people to remotely delete all their phone’s data and reset it to factory settings, often when the phone is lost or stolen.
Do not do this. If you do, the police may argue that you destroyed valuable evidence in a criminal investigation, and you might face even more criminal charges and penalties.
FAQs About How Cell Phones Are Used in Pennsylvania Criminal Cases
Can the Police Take Your Cell Phone Without a Search Warrant?
Possibly. The police generally need a search warrant to enter your private property and take evidence, including your cell phone. However, the police may seize a cell phone without a warrant during a pat-down, but they cannot search its contents without a warrant.
Can the Police Search the Contents or Data in Your Cell Phone Without a Warrant?
No. The police may not search the data and contents of your phone without a warrant or your consent. Searching a cell phone is covered by the Fourth Amendment, and authorities must first obtain a valid warrant. If they ask for your consent to search, do not give it to them.
Should You Delete Data from Your Cell Phone if the Police Want it for a Criminal Investigation?
No. It may be possible to remotely erase or delete data on your phone and reset it to factory settings, but you should not do so. If you do, the authorities may assess additional criminal charges for destruction of evidence or obstruction of justice.
Can Someone Else’s Cell Phone Be Used to Incriminate You?
Possibly, if they are someone you have communicated with using your cell phone. Your messages sent to someone else’s phone may be used as evidence. Not only that, but the other person might consent to the police to search their phone, making it difficult for you to protect yourself.
Contact Our Pennsylvania Criminal Defense Attorneys About Your Case Now
For a free, confidential case evaluation, call our Allentown, PA criminal defense lawyers with Kenny, Burns & McGill at (215) 774-5644.
