LAW, PROVIDERS AND CELL PHONES

[lawyerinjeans]

Okay, some of my provider-clients probably aren't going to particularly like me giving away free advice, but some legal issues are too important for there to be a misunderstanding of certain legal rights. In this case, what if a provider (or client for that matter) gets busted and their cell phone is confiscated by LE? Can LE access the information on the cell phone for evidence of other crimes, or otherwise use the information against the provider/client in some manner. The answer is NO. While a search incidental to an arrest is legal, such search is for the limited purpose of LE security and the preservation of evidence. There was a somewhat recent U.S. Supreme Court case titled Riley v. California. Here is a synopsis of the case.

Issue: Was the evidence admitted at trial from Riley's cell phone discovered through a search that violated his Fourth Amendment right to be free from unreasonable searches?

Decision: Yes. The Court held that the warrantless search exception following an arrest exists for the purposes of protecting officer safety and preserving evidence, neither of which is at issue in the search of digital data. The digital data cannot be used as a weapon to harm an arresting officer, and police officers have the ability to preserve evidence while awaiting a warrant by disconnecting the phone from the network and placing the phone in a "Faraday bag." The Court characterized cell phones as minicomputers filled with massive amounts of private information, which distinguished them from the traditional items that can be seized from an arrestee's person, such as a wallet. The Court also held that information accessible via the phone but stored using "cloud computing" is not even "on the arrestee's person." Nonetheless, the Court held that some warrantless searches of cell phones might be permitted in an emergency: when the government's interests are so compelling that a search would be reasonable.

The Riley case involved a gang member that was tied to a murder because of the info LE found on his phone. So this very strong law. LE can take your cell phone, but they can't access the info on it without a search warrant, and should return it to you along with your personal items at the proper time. This is true even if your phone isn't locked, but, of course, you should keep your phone locked anyway. And, it should go without saying, do not answer any questions about the phone other than to identify it as your personal phone/computer.

Hope this clears up any misperceptions about the law.

[Starry69]

Nice. Thank you.

[@rlo726]

My check is in the mail...

[FrankieP]

What's your favorite brand of scotch? Feel like we owe you a bottle.

[Lena Duvall]

Whoa, thanks for sharing. I just googled Riley v. California and read up a little more about some of the cases. It's alleviating knowing that these protections exists. Yay, civil liberties!

[Unique_Carpenter]

Also discussed on the National Boards Forum; A Question of Legality:

http://www.eccie.net/showthread.php?t=1095798

[Danson&Highsmith]

Thanks. A bottle of scotch is about the best we can do as I'm sure the retainer is too much. I would be interested in a business card for emergencies. PM me sir.