If you are ordering drugs over a cell phone and trying to prevent a mobile phone drug arrest, an ounce of prevention is worth a pound of cure. You have to take some essential cellular phone security and safety measures because law enforcement has been known to use all evidence at their disposal, even cell phone information.
This scenario is all too familiar– a police officer picks up your phone up and starts rummaging through your text messages to see who your dealer is. Many police officials will just answer a telephone call or send out texts to try and get some more offenses and or another drug bust without any thought or care for your personal privacy.
Most recently, the Supreme Court has ruled that cell phone data is protected and the cops need to get a warrant to search your mobile phone. Anything else remains in direct violation with the united state Constitution’s Fourth Amendment.
“Modern cellphones are not just another technological convenience,” wrote Chief Justice John Roberts. “With all they contain and all they may reveal, they hold for many Americans ‘the privacies of life.’ The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought.” For cops who think they need to have access to a suspect’s gadget, Roberts had one simple instruction: “Get a warrant.”
In some cases, exceptions are made to constitutional protections. This is due to the severity of the continuous drug war. Most judges will typically be on the side of the government. Not all cops go by the rules. Just because the High court said police must now alter the way they do their jobs doesn’t mean they will– or at least not immediately. One must also take into consideration that most snitch deals are never seen in court and a police official may look at your mobile phone anyway just to see who is in your network of friends and colleagues without intending to use the evidence against you.
Warning, first a disclaimer: a warrant and a skilled forensic technologist can find practically anything on your IPhone, IOS, Android device; however, with the right settings/apps/common sense you may be able to make it through most scenarios (i.e. traffic stops and common police encounters) without getting yourself in more difficult situation than the initial detention.
So, what is an honorable and law-abiding civilian like yourself ought to do if a policeman tries to spy on your phone without having a warrant? Here’s what you should remember to do:
If a law enforcement officer starts to search your mobile phone, calmly and agreeably tell the
police officer that his search is in violation of the Constitution under the court’s Riley decision (Riley v. the United States is the name of the court case that brought about this new search warrant rule.) If captured, you should continuously explain to the arresting officer and any nearby eye witness that you do not agree to this search. This helps establish that there is no doubt or question about whether you’ve agreed to the search. You don’t want to be put in a situation where there’s any doubt.
If you’re not under arrest– say, you just got pulled over for a busted tail light– then you have certainly no obligation to give consent to a search of your cell phone, your automobile, or your person.
Don’t get unruly. Do not physically resist a policeman or try to literally stop the search. In an arrest situation, you have no power, and you’re just heading to make the situation even worse. If a police officer chooses to search your cell phone even if you did not consent, your best option is to let him or her do this, but remember the identities of the police officials performing the search and then consult with a lawyer. This fight can be settled in the courtroom.
Have a password.
A password or security code is the bare minimum you have to keep spying eyes away from your data. It may be a nuisance to log into your mobile device every time you wish to do something, but if you don’t you want your family, friends, and nosy police snooping, it’s advisable to have a password. As shared above, the police officials have no apprehensions about reading your SMS message and setting up your friends in a phony drug bust.
Encrypting your phone.
Encryption turns your cell phone data into gibberish, making it completely undecipherable. When you turn on your cell phone, you’ll need to type in the encryption PIN or password, which is the same as your phone’s lock-screen PIN or password. Your phone utilizes your PIN or password to decrypt your data, making things readable again. If someone doesn’t know the encryption PIN or password, they can’t get to your data.
Keep your texts clean and guiltless.
You should be very suspicious if you get a random text from someone who you have no idea that talks about drugs. Always assume that the source of a fishy text is the authorities. If you are not 100% sure who is texting you, do not respond. If you are mostly sure and it’s about something most likely illegal, don’t respond. As mentioned many times throughout this blog, the authorities can use your friend’s cellular device to bust you– and they will.
Texting apps with privacy features.
There are many applications and programs in the market today that will erase texts right away from the receiver’s smartphone. Texts are forever, and the statute of limitations for drug cases are usually a few years.
Why not consider a VPN, which will hide your IP address and keep your online activity a secret. Lots of people want to use them for public Wi-Fi safety, and the added bonus is it will make advertiser tracking more troublesome.
Despite the strong privacy safety and securities established in the court’s Riley decision, cops still can search your mobile phone without a warrant in a couple of scenarios. These are called “exigent circumstances,” and include the kidnapping of a child, suspecting a person is in imminent harm, or that there is some imminent threat of evidence elimination. Fortunately, those kinds of circumstances can be very uncommon.
If your rights have been violated and you need assistance, contact a leading Austin attorney that has secured a strong track record and who has a vast understanding of how to safeguard your constitutional rights.Categories:
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