Police seized your phone? Know what you can and can't do. Criminal defense attorney Brian Powers explains your Fourth Amendment rights when it comes to police taking your phone, what constitutes an illegal search, and how to protect your digital privacy during a criminal investigation. Your phone contains your entire life. Know your rights before it's searched. #PoliceSeizePhone #FourthAmendment #DigitalPrivacy #CriminalDefense #BrianPowersLaw #KnowYourRights #LegalAdvice #CriminalLaw #SearchAndSeizure
00:01 What happens when the police seize your phone?
00:03 It's a good question. Now, there are laws that protect your right to privacy in the state of Texas.
00:08 It's not as though a police officer can just go ahead and start typing in and looking at your information.
00:14 They need, most of the time, a warrant unless you give them permission. Don't do that.
00:18 It doesn't matter how innocent you are, they don't have the right to do that without proper cause.
00:23 Now, if they do have your phone, one bit of warning.
00:26 it's always best to try to keep it to where your phone can only be open via a
00:31 code and not with your face and not with your fingerprint. Why?
00:34 Because police are actually able to go ahead and do that or use your thumb
00:38 if need be. Whereas under your Fifth Amendment right,
00:41 you don't have to give them the code to open your phone. So,
00:45 what I would suggest in those circumstances is make it to where that is the
00:48 situation on your phone.
00:50 Now if they do have your code or they are able to access your phone
00:54 and they decide that they want to go ahead and get a warrant,
00:56 they can perform what's called an extraction.
00:58 And with that extraction, what they can do is,
01:00 they can literally tear into your phone,
01:02 and they can go ahead and get all of the information
01:05 that's off of it, and essentially try to use that
01:08 against you at a later time.
01:10 These are all incredibly invasive things
01:13 that the police and law enforcement can do.
01:15 Don't give them that opportunity, okay?
01:18 This is your privacy, protect it.