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Can A Police Officer Search My iPhone or Blackberry?

If you are questioned, stopped, arrested or the subject of a criminal investigation in Northern Kentucky, contact an exerienced criminal defense attorney. If the officer asks for permission and permission is granted, they can certainly search. Regardless of what may be on your phone, my legal advise is to deny permission. If you deny permission, there is a very high likelihood that they will first have to obtain a search warrant to view the contents or search your iPhone or Blackberry. This is a relatively new area of the law because smartphones are new and the police have just begun to realize the amount of evidence which may be included therein. A search warrant can only be obtained if there is reason to believe that there is incriminating evidence on the phone. Because iPhones and Blackberrys are actually small computers, the courts should require that a search warrant be obtained prior to searching. That said, most police agencies have not yet trained the officers that a search warrant may be necessary and most criminal defendants either give permission to search or don't know that the search is improper. Uneducated attorneys may not even realize the problems with this search. This is likely a violation of your civil rights against improper searches. The information obtained from iPhones, Blackberrys, and other smartphones or PDAs has led to arrest and convictions of child pornography as well as provided strong evidence in drug trafficking cases. They have also been used when investigating a traffic accident to see if you were talking or texting during the accident. Know your rights. If you have questions or were charged, call Mike Bouldin at 859-581-6453 or mike@bouldinlawfirm.com.

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