Can the police search your cell phoneif your being detained but not arrested?
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Can the police search your cell phoneif your being detained but not arrested?
Asked on March 12, 2012 under Criminal Law, New York
Answers:
Richard Southard / Law Office of Richard Southard
Answered 12 years ago | Contributor
They should not be searching your cell phone without a warrant or your permission as you have an expectation of privacy in the contents of your phone. There may be special circumstances where they may make a very limited intrusion into the contents of your phone but those are very fact specific.
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
A Federal Judge has recently ruled that a police officer can search your cell phone for the purposes of finding the phone number that belongs to the phone, but limited to those purposes only. Not certain the limits of the search in your case, but anything beyond a search for the phone number s not permissible. Unless the Supreme Court overrules this, this is the law.
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