If you are buying drugs over a cellular phone and attempting to avoid a mobile phone drug arrest, an ounce of prevention is worth a pound of cure. You should take some basic cellular phone security precautions because law enforcement has actually been known to use all evidence at their disposal, even cellular phone data.
It takes place all frequently nowadays — a police officer just picks up your phone up and starts searching your text messages to see who your dealer is. Without any concern or regard for your personal privacy, numerous individuals of the police force will simply answer a phone call or even send out texts to try and come up with more offenses or perhaps another drug bust.
Just recently, the Supreme Court has ruled that mobile phone information is private and the cops need to secure a warrant to search your mobile phone. Anything else is a direct violation with the United State Constitution’s Fourth Amendment.
“Modern cellphones are not just another technological convenience,” wrote Chief Justice John Roberts. “With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.” For police who feel they need to have access to a suspect’s device, Roberts had one simple instruction: “Get a warrant.”.
Exceptions are in some cases made to constitutional protection. This is due to the intensity of the continual drug war. A lot of courts will constantly get on the side of the government. Not all police officers play by the policies and rules. Just cause the Supreme Court stated that cops should now modify the means they do their jobs doesn’t imply they will certainly do so — or at least not immediately. One must also take into consideration that most snitch deals are never prosecuted and a police officer may look at your phone anyway just to see who is in your network of friends and colleagues without meaning to use the evidence against you.
Warning, first a disclaimer: a warrant and a skilled forensic technologist can find practically anything on your IPhone, Android device or any other cell phone; however, with the right settings/apps/common sense you may be able to make it through most scenarios (i.e. traffic stops and common police encounters) without getting yourself in more problems than the initial detention.
So, what is a righteous civilian like yourself supposed to do if a police officer attempts to snoop on your phone without a warrant? Here are some helpful tips:
Never Give Consent. If a police officer starts to search your cellphone, calmly and politely inform the police officer that his search is a violation of the Constitution under the court’s Riley decision (Riley v. United States is the name of the court case that triggered this new search warrant rule.) But don’t just stop there. If you are apprehended, you should constantly discuss to the policeman and any nearby witnesses that you do not permit this search. This helps make certain that there is no question or ambiguity concerning whether you’ve consented the search. If you’re not under arrest — say, you simply obtained a ticket for over for a blown tail light — then you have completely no obligation to approve or consent to a search of your cellular phone, your car, or your person.
Don’t get unruly. Never physically resist a police officer or try to actually stop the search. In an apprehension situation, you have no authority, so never resist. Resisting will only make things worse. If a policeman wants to search your cell phone even if you did not consent, your best option is to let him or her do this. Just be sure to remember the name of the law enforcement officer that are carrying out the search without any consent or warrant then consult with a legal representative. It is always best to leave whatever battle may come to be resolved in the court.
Have a password. A password on your phone is the best thing you need to keep spying eyes away from your data. It may be a nuisance to log into your phone each time you want to do something, however, if you do not want your family members, buddies, and nosey authorities snooping around your phone data, it’s best to always have a password. As previously mentioned, law enforcement officers have no hesitations in reading your text messages and setting you up or your friends in a phony drug bust.
Maintain your texts clean. You should be really careful if you get a random text from somebody who you don’t know that mentions drugs. Always think that the source of such suspicious text message are the authorities. If you are not 100 % sure who is texting you, it’s best not respond. As mentioned several times throughout this blog, the authorities can utilize your friend’s mobile phone to bust you..
Texting apps with personal privacy features. There are lots of applications and programs offered today that will can immediately erase text messages on the recipient’s phone. Remember text messages are forever, and the statute of limitations for drug cases usually lasts a few years.
Despite the solid privacy securities established in the court’s Riley decision, cops still can search your cell phone without a warrant in a few circumstances. These are called “exigent circumstances,” some situations may include: the kidnapping of a child, suspecting that an individual is in imminent harm, or that there is some impending threat of evidence elimination. Fortunately these types of conditions are very unusual.
If your legal rights have actually been violated and you need help, consult with a leading Minnesota attorney that has a great reputation and a solid track record and also possesses vast knowledge of how you can safeguard your civil rights.Categories: