CELL PHONE SEARCHES

April 7, 2015

By Vannoy Law Firm

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CAN THE POLICE SEARCH MY CELL PHONE WITHOUT A WARRANT?

Cell phones have come a long way in the past twenty years.  One would be hard pressed to find a person who does not own a cell phone.  Over the past ten years, courts across American have grappled with cell phones and their stored data in criminal cases.  In 2014, the United States Supreme Court addressed the question of whether or not the police can search a person's cell phone following an arrest without a warrant.

In Chimel v. California, 395 U.S. 752 (1969), the Supreme Court ruled that following an arrest, the police could search the area within that person's immediate control for purposes of gathering evidence.  As you can imagine, in the forty-five years since Chimel, questions regarding what exactly could be searched following an arrest have been litigated.

In Riley v. California, 573 U.S. ___, 2014, the Court addressed whether or not a police officer could search a person's cell phone and the data contained therein, without a warrant, following an arrest.  They answered this question in the negative.

riley v. california

If you have been charged with a DUI, traffic ticket, 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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