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If police arrest you, should they need a warrant to search your cell phone?

Asked by: chrumbelievable
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  • The suspect has the right to be presumed innocent.

    Many people arrested are violent offenders. But with the police state in full swing, people are also arrested on all kinds of abritary crimes such as disturbing the peace or a mild arguement. The Fourth Ammendment protects people's effects. Criminal activity can be found anywhere, especially in drawers. Phones have applications that if altered could affect personal data. Searching people's phones should be done. But if a case is truly convincing, then judges tend to lean towards their fellow law professionals in assingning warrants. But because of the 4th Ammendment, the question is void because this kind of search is prohibited.

  • Yes, they need a warrant to search

    The police should need a warrant to search any private possession unless they have probable cause. Your cell phone is a private possession and should be afforded the same rights regarding search and seizure as your home, car, or bank safety deposit box. If you are arrested they do have the right to catalog, inventory, and ensure the cell phone is not harboring any explosives but a forensic search of its contents for investigation purposes would require a warrant.

  • No, the police should not need a warrant to search your cell phone.

    The average productive citizen in society will be arrest zero times in their lifetime. They are however largely concerned about their rights in a sometimes overblown since of way. Those that get arrested get arrested all of the time. These includes drug users, drug sellers, rapists, murderers, and people who go into your home and steal from you. Cell phones are used to record a lot of data. They can be used to conduct an illicit drug trade, or circulate child pornography. They have even been known to film murders. This alone should allow for an arrested person's cell phone to be searched without warrant for evidence of any and all crimes.


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