If you are purchasing drugs over a cell phone, and attempting to prevent a mobile phone drug arrest, an ounce of prevention is worth a pound of cure. You need to take some fundamental cellular phone security precautions because law enforcement has been known to use all evidence at their disposal, even cell phone data.
It occurs all frequently– a policeman just picks your phone up and starts rummaging through your text messages to see who your dealer is. With no concern for your personal confidentiality, many individuals of the police force will just answer a telephone call or even send texts to try and generate some more offenses and or another drug bust.
Recently, the Supreme Court has ruled that cell phone data is safeguarded and the cops must have a warrant to search your mobile phone. Anything else remains in direct violation with the united state Constitution’s Fourth Amendment.
“Modern cellphones are not just another technological convenience,” wrote Chief Justice John Roberts. “With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.” For police who feel they need to have access to a suspect’s device, Roberts had one simple instruction: “Get a warrant.”.
Exceptions are sometimes made to constitutional protections. This is due to the severity of the continuous drug war. Most judges will always be on the side of the government. Not all cops play by the rules. Just because the High court said police must now alter the way they do their jobs doesn’t mean they will– or at least not immediately. One must also take into consideration that most snitch deals are never prosecuted and a police officer may look at your phone anyway just to see who is in your network of friends and colleagues without meaning to use the evidence against you.
Warning, first a disclaimer: a warrant and a skilled forensic technologist can find practically anything on your IPhone, IOS, Android device; however, with the right settings/apps/common sense you may be able to make it through most scenarios (i.e. traffic stops and common police encounters) without getting yourself in more difficulty than the initial detention.
So, what is a law-abiding civilian like yourself supposed to do if a policeman tries to snoop on your phone without a warrant? Here’s what:.
Deny Consent. If a law enforcement officer begins to search your mobile phone, calmly and pleasantly tell the police officer that his search is in violation of the Constitution under the court’s Riley decision (Riley v. United States is the name of the court case that triggered this new search warrant rule.) Don’t stop there. If apprehended, you should consistently explain to the arresting officer and any nearby eye witness that you do not consent to this search. This helps ensure that there is no doubt or ambiguity about whether you’ve granted the search. You don’t wish to remain in a situation where there’s any doubt.
If you’re not under arrest– say, you just got pulled over for a blown tail light– then you have absolutely no obligation to grant a search of your cell phone, your automobile, or your person.
Don’t get unruly. Do not physically resist a policeman or try to literally stop the search. In an arrest situation, you have no power, and you’re just heading to make the situation even worse. If an officer chooses to search your cell phone even if you did not consent, your best option is to let him or her do this, but keep in mind of who the police officers that are conducting the search and then consult with a lawyer. Leave whatever fight may become settled in the courtroom.
Have a password. A password is the bare minimum you have to keep prying eyes away from your data. It may be a nuisance to log into your phone every time you wish to do something, but if you don’t you want your family, friends, and nosey police snooping, it’s best to use a password. As discussed above, the police officers have no hesitations about reading your sms message and setting up your friends in a phony drug bust.
Encrypting your phone. Encryption turns your cell phone data into rubbish, rendering it completely unreadable. When you power on your cell phone, you’ll have to enter the encryption PIN or password, which is the same as your phone’s lock-screen PIN or password. Your phone uses your PIN or password to decrypt your data, making things understandable again. If someone doesn’t know the encryption PIN or password, they can’t access your data.
Keep your texts clean. You should be very cautious if you get a random text from someone who you have no idea that mentions drugs. Always assume that the source of a suspicious text is the police. If you are not 100 % sure who is texting you, do not respond. If you are mostly sure and it’s about something potentially illegal, don’t respond. As stated several times throughout this blog, the authorities can use your friend’s cellular phone to bust you– and they will.
Texting apps with privacy features. There are many apps and programs available that will right away delete texts off of the receiver’s phone. Texts are forever, and the statute of limitations for drug cases are usually a few years.
Also consider a VPN, which will hide your IP address and keep your online activity a secret. Lots of people prefer to use them for public Wi-Fi safety, and the added bonus is it will make advertiser tracking more difficult.
The Catch.
Despite the strong privacy securities established in the court’s Riley decision, cops still can search your mobile phone without a warrant in a few situations. These are called “exigent circumstances,” and include the abduction of a child, suspecting a person is in imminent harm, or that there is some imminent threat of evidence elimination. Fortunately those kinds of circumstances should be very uncommon.
If your rights have been violated and you need assistance, contact a leading Oklahoma attorney that has established a strong track record and who possesses vast knowledge of how to protect your constitutional rights.
