Can The Police Search My Cell Phone Without A Warrant If I Am Arrested In Arizona?

Over the years, most people have been amassing more and more data on their phones and in the cloud. In fact, you probably have some sensitive information on your phone that you wouldn’t want anyone else to see- especially someone in a position of authority. When embarrassment crosses the threshold into illegality, and that person of authority is a law enforcement official, the cell phone owner could be in serious trouble. Do the police automatically have the right to search your cell phone if you are arrested in Arizona? What can be done if a defendant’s rights were violated in the pursuit of a criminal investigation? Read on for the answers to these questions and more information on this subject. To schedule your free phone consultation with one of our experienced Arizona criminal defenders, call 480-833-8000. 

Do the Police Need a Warrant to Search a Cell Phone?

Cell phones contain massive amounts of data, and the information found in a cell phone could be instrumental in a criminal prosecution. Generally, when the police arrest a suspect for a crime, they can search all of the items on their person and take them in as evidence, if needed. But this idea was established long before most of the population started carrying a smart device at all times containing all of their personal information. That was until Riley v. California became case law in 2014. In this case, the prosecution enhanced weapons charges against a defendant after finding implications of gang membership on their phone after the arrest. The Supreme Court clarified that this is not a search incident to an arrest. This exception to the warrant requirement only applies to the area within the arrestee’s immediate control and should be justified by officer safety or the prevention of evidence destruction. 

Exceptions

Just like with any other legal concept, there are exceptions to the police needing a warrant to search a detainee’s cell phone. The individual being arrested has complete control over the first exception, which is voluntary consent. The police do not need a warrant to search a person’s phone if that person voluntarily agrees to let them do so. This consent creates a waiver of that person’s Fourth Amendment rights. But if you find yourself under these circumstances, you can simply say no to the search and force the police to obtain a warrant. 

The second exception to the requirement for a warrant to search a cell phone is exigent circumstances. Exigent circumstances is just a formal legal term for an emergency situation. Here, an emergency is if someone is in danger or there is an imminent risk of evidence destruction. So if there is a large-scale bomb threat or a child has been kidnapped, the police can typically search a suspect’s cell phone with no warrant and without violating their Fourth Amendment rights. The same goes for if the police see a notification that a suspect’s phone is being wiped of data or they have some other reason to believe that important evidence is being destroyed or compromised. 

Motion to Suppress Evidence

When it has been determined that a defendant’s constitutional rights were violated in the investigation of a crime, their legal counsel should file a motion to suppress evidence. This motion should be filed before the trial begins so the judge can hold a hearing on the matter. Generally, the burden of proof will be on the prosecution to prove that the evidence wasn’t illegally obtained in these types of hearings. However, there are three conditions that shift the burden of proof over to the defendant, which are:

1. The evidence involves a confession, identification, search, or seizure, and the defendant is entitled to discover how that evidence was obtained; 
2. Defense counsel was present when the evidence was taken; or
3. The evidence was obtained under a warrant. 

Whoever has the burden of proof is at a disadvantage in a hearing on a motion to suppress evidence. Both parties may need to produce additional evidence to prove why cell phone evidence obtained without a warrant should be included or excluded from trial. The defendant can testify at this hearing, but is not obligated to. Some choose not to testify so they will not be subject to cross-examination. 

Legal Strategies When a Defendant’s Rights Have Been Violated

If it can clearly be proven that a defendant’s Fourth Amendment rights were violated when the police searched their cell phone without a warrant, it can have a significant impact on their case. But how much impact it will have will vary based on how much of the prosecution’s case relied on the evidence obtained from that search- meaning how strong the unconstitutionally obtained cell phone evidence was, and how much other evidence is available in the case. If it is the prosecution’s only evidence against the defendant, and that evidence is excluded, the prosecution may no longer have a case against the defendant. When there is no case, the charges should be dropped. But most criminal cases are not so cut and dry.

Sometimes, records obtained from an unconstitutionally searched cell phone are just a facet of a larger case with an extensive evidence file. One piece of evidence being excluded might weaken the case, but not completely destroy it. This may set the defendant up better for plea bargaining than a case dismissal. Plea bargaining is when the defendant agrees to plead guilty to a charge in exchange for some form of security or reduced penalties. After having cell phone evidence excluded, this may give the defendant leverage to negotiate for a lower-level criminal charge, such as a class 4 felony instead of a class 2 felony, or even down to a misdemeanor charge. Or, the defense counsel may negotiate for their client to receive penalties at the low end of their sentencing range in exchange for a guilty plea. How this will specifically play out in your situation should be discussed with an experienced defense attorney. To dive into your case with an experienced Arizona criminal defense lawyer, call our firm at 480-833-8000 or visit our website. 

Learn More About Your Rights and Explore Your Legal Options with an Experienced Private Defender in Arizona

There is nothing easy about being tried as a criminal defendant, especially if the charges are at the felony level. The matter becomes even more complicated if the defendant’s constitutional rights have been violated in any way. Additionally, public defenders often don’t have the time, resources, or experience to properly fight back against government corruption to secure their clients’ freedom. Hiring a skilled Arizona criminal defense attorney could be the best investment that someone facing criminal charges ever makes. You don’t have to make the decision while paying out of pocket in a time when funds are likely already stretched. Our firm offers experienced legal representation at competitive rates starting with a free consultation by phone. Take the first steps towards building a powerful defense case with an Arizona private defender today. Schedule your free consultation with our firm by calling 480-833-8000.