Vehicles are, in some ways, like second homes. People often have charging cables for their phones, snack foods and even spare clothing in their vehicles. They likely do not want total strangers going through their vehicles. Mobile phones are even more personal. People communicate with their loved ones, research private matters, store pictures of their most exciting moments and engage in a variety of activities using their phones that they expect to remain private.
Police officers who suspect that criminal activity has occurred may want to search a vehicle or a phone for evidence of misconduct. When do federal law and state regulations in Tennessee allow for the search of a vehicle or a mobile device?
When they secure consent
Police officers often search vehicles and phones by obtaining permission from the owner. Individuals who want to appear cooperative often make decisions while interacting with police officers that may affect their legal rights later. Unlocking a phone for police officers to look through it or consenting to a search of a vehicle during a traffic stop are both decisions that can have long-term legal implications for people.
When they have probable cause
Best practices for law enforcement professionals may allow for a warrantless search of a vehicle or private residence when there is probable cause to believe that a crime has occurred or is in progress. Probable cause is more than just a gut feeling. It is an articulable suspicion of a specific criminal act.
Probable cause can justify a warrantless search of a vehicle, but police officers must have either consent or a warrant to search a mobile phone. Tennessee state statutes specifically protect the privacy of mobile phones and other wireless devices from warrantless searches conducted by police officers or any other government investigators.
An inappropriate search is a violation of a defendant’s Fourth Amendment rights. A defense attorney may be able to convince the courts to set aside or exclude evidence secured through an inappropriate search.
Criminal defendants concerned about civil rights violations and their pending criminal charges may need to discuss their case with a Tennessee criminal defense attorney. Understanding the rules limiting searches of vehicles and phones can help people avoid unfair prosecution.