How Far Can a Cell Phone Search Go?

a man is smiling while looking at his phone

For police to search your cell phone in Michigan, they usually need to get a warrant first. This is largely owed to a significant ruling in the 2014 Supreme Court case, Riley v. California. But the courts couldn’t be more divided on how far they should be allowed to go when they do have a warrant.

Cell phones aren’t just any piece of technology

Different courts are in stark disagreement over the extent to which a cell phone search should be allowed to go. That seems to be the indication from recent rulings at both the state and federal levels, which are completely scattered on the question of what falls within law enforcement’s purview when searching a cell phone.

The amount of damage that can be done by uncovering the sensitive information stored on the average person’s phone can be devastating. Just looking around on someone’s phone without even digging too deep can easily do a significant and potentially unwarranted amount of damage.

Because of the sensitive information stored on cell phones, the Supreme Court decided the police need to have a warrant before searching one. But if a warrant is obtained, there still may be some legal limitations put on law enforcement.

Disagreement over what’s relevant and what’s not

Some courts argue that giving law enforcement free rein over the data on a person’s phone is an unreasonable invasion of privacy. There’s usually a scope that police have to stay within – but don’t assume that’s the case all the time. It depends on a number of factors, the most important one being the court you’re dealing with.

Depending on the court, there may be restrictions put on the things law enforcement can look at on your phone. Police may be limited to specific data types, certain periods of time or have a limit on the amount of data they are allowed to use. On the other hand, there are some courts that let law enforcement look at whatever they feel is necessary, so the entire contents of your phone may be on the line.

In Riley v. California, the Supreme Court acknowledged the significance of cell phones and made warrants required for police to search them. But what this Supreme Court decision didn’t specify is how far a cell phone search is allowed to go when the authorities do have a warrant.

< Older Post

Drug Felony Charges for Distribution

By Sinclair Law • July 21, 2023

Persons involved with drug trafficking could find themselves in significant legal trouble. The state of Michigan imposes harsh penalties for those engaged in drug distribution. Anyone involved with moving large amounts of controlled substances could face felony charges and the potential to receive a lengthy prison sentence. Defendants may benefit from knowing the basics of the specific criminal statutes pertaining to them and their charges. Drug distribution charges in Michigan Drug trafficking and distribution typically do not result from someone possessing small amounts of illegal substances. People charged with distribution don’t possess several kilograms of cocaine or heroin for personal use. Instead, they typically intend to sell large amounts of drugs for significant profits. Drug distribution charges could be on the state or federal level (or both) and will not be limited to violations of controlled substances laws. Depending on the case’s specifics, defendants may face additional charges alongside distribution. If you are arrested while possessing a firearm, for instance, you could be facing other felony charges on top of distribution. Prosecutors do not need to prove the intent to traffic or distribute drugs. If the police uncover a significant volume of drugs and trafficking-related items such as scales or baggies. In that case, that evidence could be enough to make trafficking and distribution charges credible. Defending drug charges Anyone charged with felony drug distribution has a right to a fair trial, and the prosecutor must prove guilt beyond a reasonable doubt. So, if the police uncover drugs hidden inside someone’s home, the defendant could challenge alleged facts about the case. If the homeowner had no idea the drugs were present and the contraband belonged to a relative renting out space in the basement, the charges might be weak. A prosecutor could have a challenging time proving guilt beyond a reasonable doubt. Questions about the police’s behavior may arise. Any drugs seized without a necessary warrant might be inadmissible in court. The police must have probable cause to make an arrest, presenting another constitutional issue that could arise during proceedings.

What Should I Do if I Am Arrested?

By Sinclair Law • April 20, 2023

Nobody wants to get arrested by the police, but sometimes it’s unavoidable. As long as you know your rights and a few tips, you can at least avoid making the situation worse. Here are five pieces of advice for what to do if the police come to arrest you . If you suspect that you will be arrested soon, make sure you memorize the phone numbers of your defense attorney and someone at your home. If you have children, arrange for someone to take care of them for at least a day or two, if necessary. When the arrest happens, remember you have two important rights: the right to remain silent and the right to an attorney. Tell the police you won’t answer questions and that you want to talk to your lawyer. Don’t try to resist arrest. This could result in further criminal charges and physical danger to yourself. Comply with all police orders, even if you believe they are violating your civil rights. Try to remember as much as you can, including the officers’ badge numbers, and write down what happened as soon as you can. You have the right to make a local phone call. If you call your lawyer, the police cannot listen into the call. Remember, your right to an attorney includes having your lawyer present during interrogations and all court appearances. Your lawyer will advise you on dealing with the police and the charges . They will make sure the police follow the rules every step of the way. And if they do violate your rights, your attorney can call it to the court’s attention and possibly get some of the evidence against you thrown out.

a man wearing a black hat taking drug in public

What Are the Laws on Drug Possession in Michigan?

By Sinclair Law • January 23, 2023

Drug possession charges in Michigan are serious enough to make a mark on your future. You have a right to protect your rights and fight them. This is how you can be charged and the defenses that might make a difference. Understanding Michigan’s drug possession laws If you are found in possession of a Schedule I or II controlled substance, you can face felony drug charges . It’s illegal to knowingly or intentionally possess any drugs that fall under those categories. Schedule I and II controlled substances carry a high potential for abuse. Schedule I substances include LSD, heroin, ecstasy and marijuana while Schedule II includes drugs like cocaine, methamphetamine and oxycodone. Penalties for a drug possession conviction depend on the substance and its amount. At minimum, for less than 50 grams of a Schedule I or II controlled substance, you can face up to 4 years in prison and a fine of up to $25,000. Meanwhile, if the amount is 1,000 grams or more of such a substance, it can result in life in prison and a fine of up to $1 million. Defenses to drug possession charges One of the most effective defenses to d rug possession charges is to assert that law enforcement officers performed an illegal search and seizure. If you can prove that the officers lacked a warrant and that you didn’t invite them to perform the search, this could be a strong defense. Entrapment can be used as a defense if a law enforcement officer exerted power over the defendant to possess a Schedule I or II controlled substance. This sometimes happens when officers go undercover and try to snare a potential suspect. If a lab analysis has determined that the substance was not a drug, it could work in your favor as a defense in your case. For example, if you were arrested on suspicion of possession of cocaine and the substance was actually baby powder, this defense could lead to the charges against you being dropped.