Getting Sound Advice

Getting Sound Advice

Can A Police Officer Use Electronic Tracking Data From A Phone?

Hailey Ruiz

Your cell phone used to only serve the purpose of allowing you to make phone calls. However, as time has progressed, newer features have been added and some may even be used by law enforcement to identify information about you so that a police officer can connect you to a criminal incident. However, you might wonder if the Constitution protects you from the police using this type of information and may need to consult with a lawyer.

Your 4th Amendment Protections

The purpose of the 4th Amendment is to protect you from unreasonable search and seizure. It gives you the constitutional right to not be searched. In some cases, you may have additional protections depending on the state you reside in. For example, in Michigan, the state cannot access your information without a warrant. 

However, you will want to beware of other ways that your data might be stored. Data companies may be storing information on you without your knowledge. This information is typically only accessible to you and is often deleted after several months. However, the data might still be accessed by law enforcement and might be considered a violation of your rights as argued by your attorney.

Why You Need a Criminal Lawyer

Whether or not you are able to protect your rights to privacy depends on whether you have an experienced and competent lawyer by your side. Some judges might be concerned with protecting your rights but others may be more likely to side with the police. Therefore, you will need a lawyer who will be able to craft an argument as to why the evidence should not be used.

Probable Cause

If the police were required to get a warrant, they will likely need probable cause. This is a reason to suspect that crime is afoot and is necessary to justify the obtaining of a warrant. However, your attorney might be able to make a solid case for why the police officer did not have probable cause and should not have been able to access your electronic information.

It's essential to challenge the methods used in your arrest because you may be able to have your charges reduced or dismissed if the prosecution is not able to use the evidence that was obtained in a manner that was against your rights. You also have an obligation to fight to preserve your rights and the rights of others in a similar situation.

For more information, contact a criminal lawyer.


2021© Getting Sound Advice
About Me
Getting Sound Advice

When I was younger, I had a hard time following the rules. I got in with a bad group of friends, and I found myself in juvenile detention more than a few times. When I was sixteen, a teacher sat me down and explained where my life was leading. That teacher was the first person that believed in me, and I decided not to let him down. That day, I decided to change my life, and I did. Because of his sound advice, I was able to finish high school, get into a great college, and become a criminal attorney. I understand the uphill battle that troubled youth face, and I want to use this website to teach other people what they need to do to turn things around.