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Cell Phone Searches

criminal defense lawyerLaw 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.

Searching E-mail

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.

Location Information

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

criminal defense on long islandElliot 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.

Stop And Frisk Searches Thrown Out By Courts In New York – Part I

criminal defense assistanceIn July of 2012, two New York State Appellate Courts threw out searches related to stop and frisk situations by the police. The searches resulted in the police finding loaded guns. However, the Courts held, just because teenagers are nervous in high crime areas this is not a sufficient basis for the police to stop and frisk them. In each of these cases, the guns were suppressed and could not be admitted into evidence by the prosecutors.

New York City Police Departments Utilization Of Stop And Frisk Tactics

There is a debate going on in New York City. This debate deals with the propriety of stop and frisk techniques used by New York City police officers in high crime areas. This year, Michael Bloomberg, the mayor of New York City, has taken the position stop and frisk procedures are an effective means of reducing crime and prosecuting criminals. A New York Daily News editorial stated “the courts are going to get people killed. Judges are risking New Yorker’s lives by barring police from taking even the most reasonable actions to prevent crime.”

In the past, courts have deferred to police officers with regard to dangerous street situations. The courts in New York are now taking a more active role in setting standards as to when police officers can intrude into the personal lives of New Yorkers by stopping them and frisking them for weapons.

Defense attorneys today are arguing more often the propriety of searches related to a stop and frisk situations violates the individual’s rights to unreasonable searches under the Fourth Amendment of the United States Constitution and also violates New York State law.criminal search and seizure

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