Cell Phone Search Law Goes into Effect

San Jose Cell Phone Search Lawyer And Santa Clara Electronic Communications Attorney

A new California law requires law enforcement officers to obtain search warrants before viewing a suspect’s private emails, text messages, or GPS data that has been stored on phones, laptops, tablets, or other devices. The law, which had the support of major tech companies like Google, Twitter, and Facebook, represents an attempt to ensure that the personal information of citizens is protected, while also giving law enforcement the tools they need to adequately investigate crime.

Electronic Communications Privacy Act

Phone calls, emails, text messages, and other electronic communications can be important evidence in a criminal investigation. Such information can reveal a suspect’s location or planning for a crime. Information regarding with whom a suspect has frequent contacts can lead law enforcement officials to accomplices or confederates.

California’s new law is an important step in protecting the privacy of citizens’ communications. In California, a government entity cannot require either an individual or a service provider to produce or give the government access to electronic communication information.

Electronic communication information includes, but is not limited to, the communication’s:

• Contents;
• Sender;
• Recipient, and
• Format.

The location of the sender or recipients during the conversation, as well as the time and date at which the communication took place, is also considered information that can be obtained only via a search warrant.

Exceptions

There are specific exceptions to the general ban on unauthorized cell phone searches. A government entity can compel the production of cell phone information pursuant to:

• A valid search warrant;
• A legal wiretap order;
• An order for electronic reader records; or
• A subpoena, as long as the information is not desired for a criminal investigation.

Warrants

Warrants requesting access to electronic information stored on a personal electronic device must describe, in detail, the information to be seized, including:

• Specific time periods in which the conversations occurred;
• The names of individuals or their corresponding accounts; and
• The type of information desired.

The warrants must also require that any information obtained that is unrelated to the objective of the warrant be sealed, until a court issues an order for its disclosure.

In the event that the government is in possession of electronic communication information that was voluntarily provided, it must destroy that information within 90 days unless:

• The specific consent of the sender or recipient of the communications is obtained;
• A court order authorizing the retention of the information is obtained; or
• There is a reasonable belief that the information relates to child pornography.

Unauthorized searches are banned by the Fourth Amendment and states are required to strictly observe your rights to privacy. If your cell phone, laptop, tablet, or other electronic device was recently searched, and law enforcement officials did not obtain a warrant or court order, please contact skilled San Jose criminal defense attorney Wesley Schroeder for a free consultation.

Source:

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB178