Cell Phone Privacy

October 7, 2015

By Vannoy Law Firm


Last month, the South Carolina Court of Appeals in State v. Lamar Brown (http://www.judicial.state.sc.us/opinions/indexAdv.cfm?year=2015&month=9) ruled that the police, during a burglary investigation, did not need a warrant to search a cell phone that a person dropped even though the phone was protected by a password.  Specifically the Court held that "[w]hether a container is locked or unlocked, once a reasonable amount of time in which to claim the container and its contents has passed, an objective assessment of the circumstances leads a law enforcement officer to the inescapable conclusion that the owner of the container has abandoned the container and its contents" and "in the case of a smartphone, the mere use of a passcode does not always lead law enforcement to conclude the owner of the phone retained an expectation of privacy in the phone and its contents when other objective facts to the contrary are available."

If you have questions about a search warrant, arrest warrant, or any other issue involving your personal rights and liberty, please feel free to contact my office.  If you have been charged with a DUI, criminal offense, or a probation violation, feel free to contact me to discuss your options.  I also handle driver's license issues, parole cases, and other matters.  At my office, you will receive a free interview in criminal cases.  If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case.  If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610.  If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading https://bradyvannoy.com/blog/

If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.

Photo-3Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina.  He carries a Martindale-Hubbell AV Preeminent Rating.  According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."

Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina.  You can find his profile at www.thenationaltriallawyers.org.

Brady Vannoy's office is located in downtown Moncks Corner.  He regularly takes cases in Berkeley, Charleston, and Dorchester counties.  Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100.  Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country.  He can be reached at (843) 761-0610, brady@vannoymurphy.com, or through the contact page on this website.

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