Q: I got into it with a guy at a bar and we both were arrested. There are two witnesses who are clear this other person was wasted and started it, and that I was defending myself. But the police confiscated my cell phone. I want to know can they just go through it for any reason?
M.O., Tustin Ranch
A: The United States Supreme Court has ruled that the police may only search your cellphone when they have your consent or a valid search warrant. As to your consent, it has to be provided freely and voluntarily (not coerced). As to a search warrant, the police are to only search the phone identified and to focus on the evidence described in the warrant.
There may, however, be exigent circumstances that permit a search without warrant or consent: If the police have to search a phone quickly to prevent bodily harm or imminent danger to someone; to prevent the destruction of evidence of a crime; or to prevent the escape of a fleeing suspect. The exigent circumstances are to be carefully assessed to make sure they are legitimate.
Q: A friend of mine was driving. He had a bit to drink, got pulled over and by the time it was done, was arrested. Among other things, they took his cell phone. That’s legal?
G.N., Inglewood
A: Research indicates that the police generally can seize a cell phone, if a person is legally arrested. They can do so without a warrant. This does not mean they can search the phone, absent exigent circumstances as discussed above. The police could apply for a search warrant, if they have probable cause to believe the cell phone holds evidence of a crime.
Q: If I am pulled over by the police and asked for my cell phone, am I required to turn it over?
B.V., Long Beach
A: I think this question is best answered by a criminal law specialist who can talk out with you the circumstances involved. For example: Why were you pulled over? Was there some dialog with the officer that led him or her to ask for your cell phone?
My knee jerk reaction — and…
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