Arrest, Search, Seizure, Warrant question about searching

[bgd601]

Popo pulls us over, starts questioning us what we are doing. We deny doing anything but having a conversation.

pop gets suspicious, asks both to leave the car and individually questions.

pop then demands to see my cell phone. I give it to him. He finds incriminadating evidence on it.


Can they search my phone like this? Is this a unreasonable search?

 

[army judge]

Popo pulls us over, starts questioning us what we are doing. We deny doing anything but having a conversation.

pop gets suspicious, asks both to leave the car and individually questions.

pop then demands to see my cell phone. I give it to him. He finds incriminadating evidence on it.


Can they search my phone like this? Is this a unreasonable search?

It was an unreasonable request.
Unfortunately, you agreed to the request.
You, therefore, assented to the search.
You should have said, no.
You could have said, no.
You had a constitutional right to say no.
Yet, you said yes.
You failed to use your fourth amendment right.
Therefore, you've lost it.

 

[mightymoose]

Without your consent or probable cause the police are limited in what they can do. In this case, you handed your phone over to him, which means you consented to the search. Had he TAKEN the phone from you then you might have an unreasonable search... you would still have to do/say something to indicate that you do not consent, otherwise the police might still be able to get by on implied consent.
Police don't like it when you tell them "no", but that is what you must do in such situations.

 

[CdwJava]

Now, if he demanded to see the phone, then consent was not freely given. However, if he can articulate some code section you were violating and you were actually under arrest, the state might articulate good cause to search the cell phone ... maybe.

An attorney can help you evaluate all the facts and determine if a suppression motion is likely to be successful.

In the future, conduct illicit activity at home and out of the public view. Better yet, do not DO illicit activity!