In the
modern world of communication, the cell phone has become an extension of
ourselves, and some may even refer to it as 'the appendage that is not attached
to you.' Your phone might be essential when it comes to organizing your
business appointments, reminding you about your wedding anniversary and finding
out the latest scores of the football game. However, if it were to fall into
the hands of law enforcement officials, you might be surprised at the revealing
things it will say about you.
The American Civil Liberties Union (ACLU) published a report that it
obtained from a drug investigation by the Immigration and Customs Enforcement
(ICE) agency, documenting the search and seizure of a suspect's iPhone from her
bedroom. The agents were able to get personal information, including call logs,
photos, videos, text messages, web history, and passwords for various services.
But the biggest surprise was the 659 previous locations of the phone invisibly gathered from wi-fi networks and cell towers. If you think a passcode or login safeguard is going to protect your information, you are sorely mistaken. Law enforcement have other tools at their disposal so that they can bypass your security measures, including mailing the phone to the manufacturer and having them extract the data.
But the biggest surprise was the 659 previous locations of the phone invisibly gathered from wi-fi networks and cell towers. If you think a passcode or login safeguard is going to protect your information, you are sorely mistaken. Law enforcement have other tools at their disposal so that they can bypass your security measures, including mailing the phone to the manufacturer and having them extract the data.
The
legality of warrantless phone searches remains an open issue. For almost forty
years, the Supreme Court has held that officers, when making any lawful arrest,
have the right to search any containers found on the arrestee. ("Search
incident to a lawful arrest"). A cellphone is like a briefcase or a
notebook, and the law is clear that those items can be examined without a
warrant when they are found on a person who is lawfully arrested. However,
the Florida Supreme Court is currently reviewing the issue of warrantless
cellphone searches incident to a lawful arrest. Until the Florida Supreme
Court reaches a ruling, the law in State
v. Glasco, 90 So. 3d 905 (Fla. 5th DCA 2012) is valid and binding
across the state. The rule promulgated in that case was that when a
suspect is lawfully arrested, some place other than a vehicle, police are
allowed to seize and search a cellphone found on the suspect during the
arrest.
Losing Sleep Wondering How the IRS Will Know?
Losing Sleep Wondering How the IRS Will Know?
Contact the Tax Lawyers
at Marini & Associates, P.A.
for a FREE Tax Consultation
or Toll Free at 888-8TaxAid (888 882-9243).
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