With every passing month, cell phones become more and more advanced. What began as a clunky device in a portable bag can now fit nicely in your pocket. While they were once used to make simple calls, they can now be used for a variety of purposes, much like a computer.
So, when can this device that we commonly see as a life-simplifier make things far more complicated? When you are facing criminal charges.
As USA Today reports, cell phones are being increasingly used by police in the investigation of crimes. Because the average cell phone user doesn’t know how to truly delete information from their phone, it stays on there indefinitely—and we’re not just talking about text messages.
There’s really nothing new about cops using phone records in investigations. However, because our phones are now carried with us wherever we go, what used to take a warrant no longer does. Currently, phones can be searched just like your pockets can be searched.
However, the warrantless searches of cellphones were banned by the Ohio Supreme Court. This decision is currently being appealed to the U.S. Supreme Court, who will have the ultimate say. Until then, most departments allow for the warrantless searches.
So, what’s in your phone? Well aside from storing all of the calls and text messages you thought you deleted, police can determine where you were at a given time by the signals bouncing off local cell towers.
They can also see exactly where you went by GPS applications and geotags. If you posted photos online or visited websites, the police can also gain access to that, not to mention emails sent from your phone.
The USA Today report states that iPhone’s are easy to get data from while BlackBerry’s present more difficulty and the Android’s capabilities are still somewhat unknown. Obviously, your phone records of numbers dialed can always be retrieved from the phone company with a warrant if not directly from the phone itself.
Cellphones, therefore, have now become one more tool in the investigations of police. One more piece of evidence that can be used against you. And until the Supreme Court rules otherwise, they can be searched with very little justification and without a warrant.
Imagine being suspected of violating a protection order. You’re patted down when the police come to investigate and they find your phone. You can’t say much when they subsequently see you’ve called the protected party several times and sent them text messages. Further digging would also let them know if you visited the home or workplace.
Violating a protection order is only one example of the variety of reasons this can come in handy for the police and seriously hinder your claims of innocence. A fair evaluation of all of the evidence against you should be done by you and your defense attorney to determine the best course of action.
About David Matson