Police & Cell phones in the USA? WHEN CAN LAW ENFORCEMENT SEARCH YOUR PHONE? There are three ways police can search a phone: if you consent, if your parole or probation conditions allow a search or if they get a warrant. (Harrington had none of these.) If they obtain the suspects consent, then the police can absolutely search, said Fakhoury. The Supreme Court ruling provides a caveat for law enforcement: It can search a phone, even without a warrant, if theres an imminent threat that evidence will be destroyed or another person is in danger, Fakhoury said. If you have not been arrested, the controls are even tighter. This issue came up in the Dublin CHP investigation, when Contra Costa District Attorneys Office inspector Darryl Holcombe confiscated the phone of Officer Robert Hazelwood, who has not been arrested, during a meeting. Investigators believe Hazelwood received explicit photos from Harrington, according to court records. Harrington has been charged with two counts of felony computer theft. During his interview, Hazelwood verbally agreed to a search of his phone, but then declined to sign the consent form. Holcombe confiscated the phone and sought a warrant. Based on the evidence I had reviewed, I believed Hazelwoods phone could contain evidence of a felony, Holcombe wrote in a search warrant request. Furthermore, I believed that since Hazelwood was aware, or would soon become aware of the nature of the investigation, any evidence related to the felonies ... on the phone might be lost should it not immediately be seized and preserved pending the issuance of a court order. After the warrant was obtained, Holcombe searched the phone and found explicit photos sent to Hazelwood from Harrington, along with salacious text messages between the men about the female suspects images. For Fakhoury, the fact that Hazelwood was not under arrest is a gray area. Id argue theres no consent, he said. As an officer, youd think he would have known better than to consent or say and do anything without a lawyer. And if the cops cant keep this sort of thing straight, its doubtful your more typical arrestee would. SHOULD YOU EVER REVEAL YOUR PASSWORD? AND IF YOU DO, DOES THAT MEAN POLICE CAN SEARCH YOUR PHONE? If a suspect asks an officer to obtain an emergency contact from his or her phone and provides the password, the officer only has the right to search the contact list for that number, experts said. Harrington violated that law, according to court records, when a DUI suspect gave him her password so she could get an emergency phone number to call. While he had access, Harrington went through her device and forwarded six racy photos to his own phone. In addition, suspects do not need to reveal passwords to officers, privacy attorneys said. Youre allowed to say, No, said Chris Conley, ACLUs policy attorney based in San Francisco. However, even giving them your password is not consent (to search the phone). Even if law enforcement gets a warrant to search a phone, attorneys have argued that suspects do not need to reveal their passwords because it would violate their Fifth Amendment right to avoid self-incrimination. Thats still being worked out in court, Conley said. The password defense does not extend to phones unlocked with fingerprints. Courts have found fingerprints are not protected by the Fifth Amendment, Fakhoury said, and a person would be required to unlock a phone to comply with a search warrant. DO CELLPHONE WARRANTS NEED TO BE SPECIFIC OR DOES A COURT ORDER ALLOW INVESTIGATORS TO SEARCH THE ENTIRE DEVICE? In the Hazelwood warrant request, the Contra Costa DA inspector was specific, asking the judge permission to review photographs of two female arrestees, texts in which CHP officers discuss the photos and contextual data. It included a nine-page affidavit in support of the search. There are no situations under the law that allow officers to share illegally obtained photos or other information from cellphones, experts said. Even had they had a warrant to look at the pics, they are not allowed to forward to their friends, Conley said. Theres no circumstance or legal justification for sharing with other officers because they found racy pictures. Contact Matthias Gafni at 925-952-5026. Follow him at Twitter/mgafni. This article is the: 22nd most-clicked of the hour43rd most-clicked of the day ⇧ Return to top • Article commenting rules of the road MOST POPULAR DAY HOUR NEWS SPORTS BIZ A&E EMAIL LIFE Chelsea Peretti brings the laughs to Netflix Apple downplays Masque threat, not aware of any users affected List of 28 chronically underperforming schools in Silicon Valley stirs up storm Milpitas school board votes to proceed with $15.5-million buyout of solar panels from Chevron San Jose Local Guide Featured Businesses AdvantaCare Health, Inc. Safe Step Walk-In Tub Co. Pacific Coast Termite Inc Lustre Precious Gems Towne Mazda Find San Jose Attractions Search for a business Add your business here + Happening Around the Bay Area News mercurynews Attorney Michael Rains discusses disgraced former #CHP officer Sean Harringtons not guilty plea @cc By Kristen V. Brown Silicon Valley C-suites shut out blacks and Latinos Black and Latino executives are sorely lacking in the tech industry according to a new survey from the Rainbow Push Coalition. The Rainbow ... Mercury News mercnews+ San Jose State suffers embarrassing loss to Hawaii bit.ly/1q60d58 @Jimmy_Durkin pic.twitter/0dzvnCLSTb 6m mercurynews Hulk Hogan touched by reaction he got in Oakland. Hopes for more of same at Levis Stadium for Wrest By Darren Sabedradsabedra@mercurynews Prep football: Serra tops Bellarmine, wins share of WCAL title Serra scores four quick touchdowns in first half to erase early 14-point deficit, beats Bellarmine 28-14 Bay Area Police News PoliceTracks+ RT @CHPoakland: One of our officers took NBC out on a ride along to discuss the dangers of aggressive driving. It didnt take... t.fb.me/414yG8iet 6m mercurynews Oak Grove warming up for its BVAL Mt. Hamilton showdown at Pioneer. Winner goes to CCS Open By Kurtis Alexander California drought hits San Mateo County coast particularly hard “The cleanest kid goes first,” said their mother, Doniga Markegard, 33, who on a recent morning soaked her two youngest, daughters Quince an... mercurynews Heres a time lapse of San Jose States pregame, Senior Day ceremony and first two drives of the gam By Mike McGreehan Correspondent McClymonds 44, Oakland Tech 0 OAKLAND -- OAL footballMcClymonds 44, Oakland Tech 0: LaVance Warren ran for 268 yards and three touchdowns to pace the visiting Warriors (1... Bianca M Rose BiancaMRose+ RT @mercnews: Oprah wows the crowds in downtown San Jose bit.ly/1xJIpNO @patmaymerc @katienelson210 pic.twitter/JTOjYjX8Ae 5m mercurynews The Hawaii football team performs the haka before its game with San Jose State. By Justin Lafferty Correspondent NCS playoffs: Pinole Valley 38, Tennyson 18 HAYWARD -- Despite a scheduling mixup with Pinole Valley Highs bus that led to a long delay, the Spartans defeated host Tennyson 38-18 Satu... Lya Wodraska LyaWodraska+ RT @mercnews: San Jose State suffers embarrassing loss to Hawaii bit.ly/1q60d58 @Jimmy_Durkin pic.twitter/0dzvnCLSTb 6m mercurynews Some video of true freshman Ian Fieber getting in some throws with true freshman Justin Holmes. #SJS By Zoe Loza zloza@bayareanewsgroup NCS boys water polo: Redwood 13, Northgate 7 LAFAYETTE -- The Giants took an early lead, scoring two goals right off the bat en route to winning the Division II championship. Though Nor... Skip Bishop wdrkb+ RT @mercnews: San Jose State suffers embarrassing loss to Hawaii bit.ly/1q60d58 @Jimmy_Durkin pic.twitter/0dzvnCLSTb 6m kqednews KQED NEWSROOM: San Jose Mayor-Elect Sam Liccardo, Surveillance Guidelines, War Ink By Zoe Loza zloza@bayareanewsgroup NCS girls water polo: Campolindo 7, Miramonte 4 LAFAYETTE -- Campolindo 7, Miramonte 4: The Cougars claimed their third straight NCS Division II title in a close game with rival Miramonte ... Jimmy Durkin Jimmy_Durkin+ RT @mercnews: San Jose State suffers embarrassing loss to Hawaii bit.ly/1q60d58 @Jimmy_Durkin pic.twitter/0dzvnCLSTb 6m Crowdynews See More
Posted on: Sun, 16 Nov 2014 04:24:17 +0000
Trending Topics
Recently Viewed Topics
© 2015