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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

Can the Police Search Your Cell Phone?

        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.

 

Published in : Practice Areas
24 February 2012
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Can the Police Search Your Person? | Wisconsin Criminal Defense Lawyers

        In this video Attorney John A. Birdsall of Birdsall Law Offices explains when the police have the right to search your person. 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

Can the Police Search Your Person?

Do the police have the right to search your person when you are out in public?  For example, can they search you when you are at a public event such as a Milwaukee Brewers game or Summerfest.  The answer is yes under certain circumstances.  Normally they can only do a search if they go to a judge, show them probable cause and obtain a warrant.  However, the Supreme Court has carved out an exception called a “Terry stop” which allows them to stop you, question you and frisk you for weapons.  This is a minimally invasive search.  However, they can expand it if they claimed they felt an unusual lump that might not qualify as a weapon but one might normally not find.  In this case, they can go inside your clothing and retrieve whatever that is.  What I want you to watch out for is if they ask for your consent to search your person.  If they do, what that means is that they don’t have probable cause.  They certainly don’t have reasonable suspicion.  They are looking to avoid having to go to the judge to get a warrant.  My advice is to preserve your rights and do not give consent.  If you do, you are essentially waving any chance to challenge that search in court in the future.

 

Published in : Practice Areas
24 February 2012
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Knock & Talk | Milwaukee & Green Bay Lawyers | Criminal Defense Attorneys

        Attorney John A. Birdsall of Birdsall Law Offices explains in this video how when police can show up at your door and attempt to question you even if you are not under arrest.  This method is called a knock and talk.  If you find yourself in a situation like this it is best to tell the police to go away and to call an attorney before you make any statement if you make one at all.
        Attorney John Birdsall of Birdsall Law Offices explains what your rights are if the police come to your door to perform a "knock & talk" for the purposes of questioning you. 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 

Knock & Talk Questioning

The police are at your door.  They want to talk to you.  They are not there to arrest you.  Rather they are there in what they call a “knock & talk”.  You still have a right under the Fifth Amendment of the United States Constitution to not make any statements.  You need to exercise that right especially at this critical moment.  There is two reasons for this.  The first is that nothing you say is possibly going to help you and will probably hurt you.  The police will twist your statements and generally make you look guilty in whatever report they write up.  The second reason is that you are no match for the police.  Even if you are resistant to giving a statement they will lie to you about the amount of evidence they have against you.  They will claim that other people have implicated you.  They may claim that they have video evidence.  Exercise your Fifth Amendment right and contact an experienced criminal defense lawyer before making any statements to the police.

Published in : Practice Areas
01 February 2012
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