Many people are aware that police officers cannot force you to talk about your case. This is known as your “right to remain silent” and is part of the Miranda rights that are read to you during an arrest. While this protection safeguards your personal right to refrain from talking or providing information to the police, the law can be a little blurrier when it comes to your cell phone.
Criminal Defense Attorney Brian Gabriel has fought to defend the rights of Floridians accused of crimes for over 30 years, so he is familiar with all of the tactics police officers employ to gather information. When you need a legal representative to help uphold your rights throughout the criminal process, you can count on Mr. Gabriel to handle your case using all the knowledge and skill developed over the span of his career.
Are Cell Phones Covered Under Florida’s Right to Remain Silent?
Once a person has been arrested for a crime in Florida, the state can use any statement made by that individual at any stage of their legal proceedings—whether before or after arrest. Although you may have the right to remain silent, does that apply to your cell phone?
Your cell phone is a form of personal property that can be searched without a warrant by police if they have probable cause to believe it contains evidence of a crime, according to Florida law. However, this does not mean that they can take whatever they want from your phone or use its contents against you in court — there are limits on what they can do with what they find on your device.
The police might ask you to unlock your cell phone if they find it during a search, but they cannot open it up and look through it without a warrant or your consent. This is because, in 2014, The Supreme Court ruled that cell phones contain substantial amounts of personal information that could be used against you, meaning cell phone searches are restricted under the fourth and fifth amendment rights.
Therefore, if a police officer asks you to unlock your cell phone, you can refuse unless they have a warrant. However, if they do not have a warrant and you give them consent, they will be allowed to search through the phone, and anything they find will be permitted to be used against you in a court of law.
What Happens If Florida Police Officers Illegally Search Your Cell Phone?
If a court finds that an unauthorized search of a cell phone was performed, the exclusionary rule may be applied. This states that any evidence seized from the device will not be able to be used as direct evidence against the defendant. Not only will evidence that came directly from the cell phone be inadmissible in court, but also any additional evidence or information that came from the initial evidence (also known as the Fruit of the Poisonous Tree Doctrine).
Protect Your Rights with an Experienced Florida Criminal Defense Attorney
Talking to the police without an attorney present can have serious consequences in Florida. If you are facing any type of criminal charge in Florida, it is important that you speak with an experienced criminal defense lawyer about your situation.
Criminal Defense Attorney Brian Gabriel can help you understand your rights and protect them during questioning by law enforcement. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.