Understanding all the cell phone privacy rights when involved in a case

The advancement in technology has certainly made the whole process of communication simpler. But the invention of this incredible technology also comes with laws and regulations that should be followed. One such law, the cell phone privacy law, keeps your personal privacy safe in the event your cell phone has been seized. According to Khonsari Law Group, “under the Fourth Amendment of the Bill of Rights, you are protected from unlawful search and seizure, and have the right to be secure in your, “persons, houses, papers, and effects, against unreasonable searches and seizures.” If you’ve been arrested for a crime then your cell phone privacy rights need to be protected. You should never hand your phone over to an officer of the law before contacting your lawyer.

Know more about the cell phone privacy rights:

Cell phones hold huge personal and sensitive data and some applications that are password protected. If your privacy is not safeguarded well, then chances are high that privacy could be misused.

In cases where the cell phone rights are misused by someone, you may want to get advice from an experienced criminal lawyer. These advocates hold quite a lot of knowledge about cell phone privacy rights and would make sure the right action is taken.

About the law called: The Fourth Amendment

As per the bill of rights section called the fourth amendment, the individual is usually protected against unlawful searches and even the seizure be made. Thus the person has the complete right to stay secured in the effects, paper and even the person against the searches that were done unreasonably.

The constitution framers in the olden days must have not expected that the world of technology would be invented in the present century. But when the language of the constitution was being written in the year 1791, it clearly states that important privacy rights need to be protected. This means, that even though cell phones didn’t exist in those days, law enforcement still doesn’t hold any right to seize and even search the cell phone unlawfully. That is why it is important to understand that phone access must not be given to anyone.

Cause of probability:

If law enforcement needs to look for your cell phone, then it is important for them to carry a warrant. In order to do that, the enforcement team needs to approach the judgement with the right cause of probability that is likely to justify the reason why the phone needs to be seized and then searched. The cause of probability is all about the level of suspicion that the law enforcement department may have against criminal activity.

These days, the technology of smartphones has come up with the feature called location tracking. This means, all the details of the individual location including the date and time can be seen and used as evidence in a criminal case. As per a ruling that the U.S. Supreme court made in a known case called “the united states vs the carpenter”, it has been clearly stated that a warrant is required when it comes to scanning someone’s cell phone. This ruling is more applicable especially when the data of the location needs to be checked.

The best way of protecting the cell phone right:

If there is an individual who recently got arrested then it is important for the law enforcement department to ensure that Miranda rights are read thoroughly. These rights warn that anything that an individual says would then be used against them in court. That is why it is extremely important to speak with an attorney before answering any kind of question.

During such an arrest, there are chances that the phone would be checked in a lawful manner. But it is entirely the individual consent to approve or deny searching for the phone if the warrant is not presented. This way, it allows an individual to get in touch with a criminal defense lawyer.

Conclusion:

Certainly, getting arrested can be a terrifying experience and can hamper the future if not dealt with in the right manner. That is why it is extremely important to hire an attorney who can help in dealing with such cases, before giving up your cell phone to a search.