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Criminal defense for mobile phone search and seizure

Criminal defense has comes a long way since 1776. As the Constitution of the United States of America was be written nearly 240 years ago, there was no way that men such as George Washington, James Madison, Alexander Hamilton, and John Jay would have known of the technological advancements we’ve come to appreciate here in 2015. Of course, the Constitution is more than just a document; it is the basis for this great free nation. But as technology has drastically changed over the last forty years, lawmakers have found themselves asking pertinent questions about criminal defense issues that are related to technology-mobile phones in particular. Here, in Pennsylvania, the U.S. Constitution protects us from searches and seizures that are considered “unreasonable.” However, police do have the ability to search whatever a possible suspect may have on his or her person. This, especially in the last few years with the pervasiveness of smartphones, begs the question: “Can cops look at your cell phone for evidence?” Within a few months, the United States Supreme Court will answer that question and ultimately decide whether or not police and other law enforcement officials will be able to legally search mobile phones for information that could lead to a warrant and use it as evidence against suspects in court. The inspiration for this blog comes as the result of a story we recently read about a Massachusetts man who was arrested but wouldn’t tell police where he lived. Police then used the man’s mobile phone to figure out where he lived. Once they figured out his address, police were able to obtain a search warrant. After getting the search warrant, police went to the suspect’s home and found drugs and weapons. There are mixed emotions about the possibility of Pennsylvanians being able to have their mobile phones searched for evidence against them. Some people cry out that it is a freedom issue and others feel that if there is nothing to hide, why worry? As the information is passed along to us throughout the summer, we will keep you informed and we look forward to your thoughts. Weigh in with your opinion in our blog’s comment section. If you feel that you are the victim of an illegal search and seizure, please call Pittsburgh criminal defense lawyer Gary Gerson to explain the details of your situation and get the help you need. Call 412-219-6875 for a free consultation today.

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