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​Can the Police Search My Phone? 2018 Update

In 2016, we posted about the government’s legal right and ability to search a suspect’s smartphone. At the time, the Supreme Court had established that police need a warrant to gain access to an arrestee’s phone, but even with warrants the police encountered practical difficulties accessing data due to phones’ security features. In the ongoing battle between privacy and security, the law is struggling to catch up with rapidly changing technology.

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Disclaimer: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog should be construed as legal advice from The Eichner Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this blog should act or refrain from acting on the basis of any information included in, or accessible through, this blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.