Privacy in Today’s Climate
It’s 2018, your smart phone is your life. Most of us cannot part with our phones for more than a moment from the time we wake up in the morning until our heads hit the pillow again at night, and for good reason. Within the confines of your pocket, you have access to all the data the world has to offer, all the contact information of your closest friends and peers, and every bit of personal information.
If someone were trying to learn as much about you as possible in the quickest way possible, would you let them take possession of your phone?
What Your Phone Contains
Your phone may contain evidence that can be used against you in court. As you will read later on, District Attorneys become very dangerous when armed with all the information your phone may reveal about you. For example, just by gaining access to your smart phone, attorneys and officers will be able to see:
- All of your text messages, including any that you may consider private or that may ultimately incriminate you on the current charges;
- Any voicemails or recorded phone calls, which can be downloaded and played in court as evidence;
- Your call history and contact list, which may be used to disprove any alibi or story you have told the police;
- Any emails or attachments, whether sent or received or forwarded by you;
- All your online accounts, be it Instagram, Snapchat, Facebook, Twitter, and videos and photos, which all have timestamps and may be very private;
- All your downloads from the internet, such as documents and pages;
- Your entire contact list;
- All your apps, information, banking information, and business-related documents; and
- Your browser history, which would reveal all the websites you have visited in the past from that device.
Option to Hand Over
The police have protocol to follow before they can take anything from you or search anything on you. When you get pulled over, arrested, or feel either of these things may happen, you should hand your phone to someone you trust. Do not be in a rush to grab your phone before you head out of the house to turn yourself in either. It is best to leave your phone at home.
If an officer asks for your consent to search your phone, simply tell them you would rather speak with a lawyer. If an officer has a warrant to search your apartment, this may not give them the right to search your phone, which may be present in the apartment.
It is imperative that you cooperate with the officers. Always remain respectful and be willing to let them perform the functions of their job. However, if given the choice, do not allow your phone to be taken into custody.
If an officer asks to search your phone, simply tell them you would rather speak with a lawyer.
Why You Don’t Hand Over
District attorneys and officers have a major role in your case, and often seek harsh punishments for any crime so they can use lesser punishments as bargaining chips. If they have access to your phone, they will have the ability to see all the things listed above. You may think you have nothing to hide, or that there is nothing incriminating on your phone, but skilled attorneys and officers will be able to make inferences based on the things in your phone. What appears innocent to you, may ultimately harm your chance for freedom in court.
For example, you may have called your parents one evening to discuss dinner plans, and all that shows on your call log is that the call was made. However, if you are being accused of a crime and it is alleged that you called your parents for a ride from the scene of the crime to help you escape, the fact that you made a call to them in the evening may be used against you.
What You Do Instead
As part of your inalienable rights when being arrested for a crime, police officers are required to read you your Miranda rights. These rights include the right to remain silent, the right not to incriminate yourself, and your right to an attorney. Most people don’t think of their right to an attorney when they hear the Miranda warnings, but it is vital that you always seek the advice of counsel when confronted by police officers.
As mentioned, trained law enforcement agents know exactly what they are looking for when they interview you. They know the things that need to be said to qualify as a confession, the things you need to do to indicate your guilt, and the subtle clues you may give off that aid in their investigations. However, you need not ever speak. If you simply say, “I would like to speak with my attorney,” the police officers are bound by law to stop any type of interrogation. The same will hold true when the police ask for your consent to a search. You are never forced to consent.
We’re Here to Help
Are you under police investigation or have had your property seized in the greater Los Angeles area? We cannot stress enough the importance of consulting and retaining a lawyer to protect your rights, privacy and future.
Need a Criminal Defense Attorney? CALL NOW: 213-932-8922
Yuliya Kelmansky is an Expert Criminal Defense Attorney who has over 10 years of practice defending a variety of criminal cases.
