Law enforcement access to the material on Americans’ cell phones is becoming a significant legal issue. Judges and legislators in many states have been dealing with this tricky issue of cell phone searches.
Do the police need a warrant to search the e-mail on a cell phone? Are warrantless searches of Americans’ emails a violation of their constitutional rights? Today, handheld devices contain an enormous amount of information about their users. At the time the United States Constitution was written, the founding fathers had no idea that cell phones would exist.
Cell Phone Carriers Complying With Law Enforcement
In 2011, cell phone carriers responded to 1.3 million requests from law enforcement agencies for text messages, e-mail messages and other information on their subscribers’ cell phones.
Cell phones can be utilized to locate individuals. Smartphones can be tracked by law enforcement agencies. Do Americans have a right to privacy as to where they’re going? Law enforcement agencies claim that there is no right to privacy as to where Americans go.
GPS Tracking Devices
Recently, the United States Supreme Court ruled that police must obtain a search warrant before they can install a GPS tracking device on someone’s car. However, this is the only issue that has been addressed by the United States Supreme Court concerning obtaining information from cell phones.
Suppression Of Cellphone Data
Since the standards are quite nebulous, criminal defense attorneys throughout the country have been trying to suppress the utilization of information obtained from cell phones in criminal court proceedings. Both the courts and legislators in the United States need to deal with the issue of Americans’ privacy and searching material on cell phones.
About The Author
Elliot S. Schlissel, Esq. and his associates help protect individuals under investigation charged with misdemeanors and felonies throughout the metropolitan New York area. Call our firm for a free consultation regarding criminal matters.