Some friendly advice.
You may not know it, but reading all messages and data on your phone can be legal for a cop to search under current American law. If you have given a cop proper reason for a search, that search will include all data contained on your person, including data on a phone.
The 2007 Decision of United States v. Finley in the Fifth Circuit courts set a precedent whereby cops are allowed to search for additional evidence on the arrestee's person, which includes phones, in order to preserve it for trial.
If you are in any trouble, it may prove to be an intelligent decision to put your phone somewhere that isn't accessible without a warrant.
Source: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084503
The 2007 Decision of United States v. Finley in the Fifth Circuit courts set a precedent whereby cops are allowed to search for additional evidence on the arrestee's person, which includes phones, in order to preserve it for trial.
If you are in any trouble, it may prove to be an intelligent decision to put your phone somewhere that isn't accessible without a warrant.
Source: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084503
posted by Eric at
3:06 AM
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