With all of this personal information readily available on your phone, many people worry about what happens if they are pulled over by police – or even arrested. Can police search your phone?
Police must have a warrant
In 2014, a landmark ruling from the United States Supreme Court determined that your cellphone is unlike any other typical item you might carry on your person. The Court ruled that with all of the private information your phone contains, it is more like your home than just another object.
Therefore, both federal and state laws do not allow police to search your phone unless:
Texas law even determined that police must have a probable cause – and even a warrant – to search through your cellphone even after they make an arrest. There are certain exceptions, such as an emergency or imminent danger. However, generally, police need a warrant to search your cellphone.
Protecting your right to privacy is critical
Knowing your rights is important – especially in this digital age. You have rights to privacy and security under the Fourth Amendment of the United States Constitution. And you must protect and exercise these rights if you face criminal charges.
For example:
Police may try to deceive you into providing information. That is why it is essential to understand all of the rights you have to protect yourself – and your future.
In these cases, it is often beneficial to consult an experienced criminal defense attorney to better understand your rights in these situations.
]]>Not necessarily. Eyewitness accounts are not always the most reliable forms of evidence. In fact, there are several factors that can skew an eyewitness’s testimony.
Malleable memories
When someone witnesses a crime, it can happen so suddenly and unexpectedly that they can’t take in every detail before it’s over. Because of this, it can be difficult to put together the pieces and create an accurate recounting of what they saw.
Many times, police officers, investigators and prosecutors take advantage of this phenomenon. They might ask leading questions to get an eyewitness to give an answer that criminalizes you. Other times, they might make blatant suggestions in order to get an eyewitness to agree with them.
Preexisting biases
Some people are raised with certain opinions and beliefs about specific racial, ethnic or religious groups. Because of this, eyewitnesses who hold firm to preexisting biases about those groups are more likely to criminalize a person who fits those discriminatory beliefs, even if they are innocent.
In this regard, eyewitness testimonies are extremely problematic because they are based only on the feelings and assumptions that they have about another specific person.
Weather conditions
Sometimes, the unreliability of an eyewitness comes down to something as simple as the time of day and the weather conditions at the time of the crime. Sunny days and extremely bright light might make it difficult for the eyewitness to see what happened. Conversely, crimes that occur at night can easily mask the defining features of the perpetrator.
In snowy, rainy or foggy conditions, the offender might have been wearing a hat and coat. That, plus the added obstacle of heavy rain or snowfall, can easily obstruct an eyewitness’s clear view of the crime.
Fight against the injustice of a faulty testimony
An inaccurate eyewitness testimony can lead to a wrongful conviction. While many courts depend on eyewitness accounts to add evidence to criminal allegations, you can’t always depend on them to give to true accounts. When your freedom is on the line, it can be beneficial to have a supportive and knowledgeable defense attorney by your side who can fight against unreliable eyewitness evidence.
]]>You may be feeling hopeless and powerless to stop a DWI conviction from impacting your life. However, fighting a DWI charge is possible. With a strong defense, you may receive reduced charges. You could even get those charges dropped altogether.
Here are just a few common defense strategies used to fight a DWI.
Improper stop
Police officers must have more than just a gut feeling that you were in violation of the law in order to pull you over. They should have reasonable suspicion or proof that something wasn’t right. If you can show that you weren’t breaking any traffic rules, speeding or driving with a burnt-out headlight or expired license plate, you may be able to prove that the officer had no right to pull you over in the first place.
Faulty breath test results
Although police officers depend on breath tests to measure your blood alcohol concentration level, they aren’t often as reliable as people may think. Calibration error, software malfunctions and operator mistakes can cause the results to read higher than they actually are.
Even chemical tests such as blood or urine tests are subject to contamination. So, even when there’s physical evidence against you, you may be able to prove that the results were inaccurate.
Violation of interrogation rights
Even when you’re facing criminal charges, you still have rights. Particularly after a DWI arrest, an officer must recite your Miranda rights before bringing you in for questioning. Doing so notifies you that any statement you say after your arrest can be used against you in court. If an officer fails to recite the Miranda warnings, any evidence gathered after your arrest that’s used against you is in violation of your rights.
Protect yourself with a strong defense
These common DWI defenses and more can help you challenge the charges you’re facing. But you shouldn’t attempt a defense on your own. An experienced criminal defense attorney is a beneficial asset in a situation like this. They can give you a better understanding of your situation and come up with a strategy that sets you on the path toward a better future.
]]>
Wait for instruction
Don’t try to gather your license or reach into your glove box for vehicle registration information. Even though an officer will likely ask for it when they reach your window, if they observe too much movement from you, they may become suspicious. Even worse, an officer could interpret your movements as threatening and take action against you.
Try your best to remain calm and keep both hands on your steering wheel. And never get out of your car unless an officer asks you to.
Be mindful of what you say
You have nothing to lose from speaking with the officer in a calm, respectful manner. In addition, saying too little when a police officer pulls you over is usually better than saying too much. Don’t try to explain yourself out of the situation or make up excuses. This may only incriminate you further.
Keep in mind that you want to let the officer do most of the talking. If you feel obligated to answer their questions, or if they push you for an answer, don’t feel that you have to give a long explanation. And definitely don’t argue back. Short, simple answers might work better in your favor. Remember, an officer is looking to prove your guilt.
Know your rights
If an officer asks you to step out of your vehicle, you should do so. They may conduct a pat-down or have you perform a field sobriety test. However, it’s your right to refuse to submit to a roadside test. And sometimes, it can be in your best interest to do so. Often times, field tests can have skewed results. Nerves, age or disability might make you fail a test. Roadside breath tests aren’t always accurate either.
While it’s legal for you to refuse a field sobriety test, it may give an officer probable cause to arrest you. However, your refusal cannot be used as evidence against you if your arrest leads to a court hearing.
Understand your options
If a traffic stop leads to something more serious, you may not know how to handle your situation or what options you may have. Seeking legal guidance from an experienced attorney can help you navigate the aftermath of an arrest.
]]>