September 14, 2015
The Fourth Amendment of the Constitution guarantees citizens the right to be free against “unreasonable searches and seizures.” Unless police have probable cause or a valid warrant, your person and property are safe from intrusive searches.
The explosion of new technology has proved problematic in the realm of privacy rights. A cell phone today holds much more information than merely contact numbers and names. Almost all cell phones have instant internet access, and most people frequently browse the internet on their phones. If police could search the browsing history of a suspect’s phone, it could lead to the discovery of incriminating information. Permitting the police to conduct warrantless searches of internet browsing would allow the police to bypass the search warrant requirement, a right guaranteed by the Constitution. Because of this, the big question has emerged: Do police need a warrant to search internet browsing history?
Know Your Internet History Rights
Were police able to search your internet history without first obtaining a warrant, it opens the door to a wealth of private and personal information being exposed. Major search engines like Google and Yahoo retain information about search queries performed by particular users. Types of information the police are looking for are 1) the specific search queries entered by a certain individual or persons, and 2) identifying information such as IP addresses, or a list of names, of users who have entered a given search query into the search engine. If police were able to search your internet history without a warrant, they would be able to uncover a large amount of personal information.
Victory for Privacy
Two 2014 Supreme Court cases marked a triumph for the right to privacy in the digital age. The Court in Riley v. State and US v. Wurie ruled that police must obtain a warrant to search the cell phone of person who is under arrest. The implications of these rulings are quite significant.
Contact Khonsari Law Group
Every case is different, which is why you need an attorney with an extensive knowledge of the criminal justice system to come up with a custom defense for your case. If you are seeking a professional and dedicated criminal defense attorney for your case, contact the Khonsari Law Group.