Can the Police Search Your Cell Phone? | Wisconsin Criminal Defense Lawyers
In this short video Attorney John A. Birdsall of Birdsall Law Offices explains the details behind the answer to the question of whether the police can search your cell phone. Birdsall Law Offices can defend against State of Wisconsin and Federal Criminal charges. Birdsall Law Offices Specializes in Criminal Defense and DUI & OWI Defense. Call us today to find out what we can do to defend your case. We have over 25 years of experience in taking difficult cases of all kinds to trial. We are very experienced trial attorneys and we will always work hard to get the best results possible. Unlike other attorneys, we are not scared to go to trial. We have extensive success in criminal defense case that go to trial. We have specific experience in: -Homicide -Drug Trafficking -Drug Possession -Sex Crimes -Internet Crimes -Computer Crimes -Federal Crimes -OWI -DUI -Drunk Driving -White Collar Crime -Violent & Domestic CrimesCall us today for a free consultation 414.831.5465 http://www.birdsall-law.com
If you are placed under arrest, do the police have the legal authority to search your cell phone? The answer is that the cell phone is considered as container within the law and if it is on your person or within your reach they can legally look into your email, texts and your contact list to investigate for criminal activity. A more complicated question is: If the phone is password protected, do they have the authority to try and crack the code or compel you to give them the code? The answer to the first question is: Yes, they can make some limited attempt to crack the code but that cannot go on for hours or days. The answer to the second question is: They have no ability to compel you to give them the code. They will try to make you think that you have a duty to give them the code because you are under arrest. Under the Fifth Amendment you have the absolute right to remain silent which includes giving up the code. If you give it to them you are going to waive any chance you have to attack the search in court and suppress any of that evidence. Don’t do it.
