Put Your Faith In A Law Firm You Can Trust

  1. Home
  2.  » 
  3. Criminal Defense
  4.  » Cellphone privacy rights and legally accessible data

Cellphone privacy rights and legally accessible data

Prosecutors and police officers in New Mexico can go to great lengths to gather evidence to help in their case. One of the things they can do is ask the court to permit them to look through the data in your phone to find whatever kind of data they need. Here is more information on what they can legally access and your cellphone privacy rights.

Cellphone privacy rights

The Fourth Amendment of the United States Constitution protects you from any unreasonable searches or seizures by police officers or anyone else. Also, the Electronic Communication Privacy Act, or ECPA, protects the privacy of your cellphones and any other electronic data from devices like your laptop or computer. In a nutshell, no one has the right to look through your cellphone, and if someone has, it’s important to protect your right to privacy.

With that said, there are some limitations to your right to privacy. For instance, if the police officer or the prosecutor gets a valid warrant to go through your phone, you cannot deny them access. Moreover, if they have a strong reason known as probable cause, like if they believe that searching your phone can help prevent an impending danger or damage, they may have a legal right to do so.

Cellphone data that police can access

The state and federal government can access your text records and call logs if you are under investigation for a crime and if police suspect that you used your phone to aid in the crime. The 2001 Patriot Act allows the federal government to subpoena cellphone companies to give them records that can help prevent a crime. Also, social media companies like Twitter, Facebook, or Instagram can release your direct messages posts or any other activity you do there for use in an investigation.

Anything that a cellphone provider can decode, including all the places you have been, is subject to search if police can get permission to access it. They can also get a warrant that allows them to physically take your phone for a more thorough evidence search.