No More Warrantless Tech Searches in California
A new California law is set to protect the privacy rights of individuals across the state. Police can no longer search a suspect’s text messages, emails or other electronic communications without a warrant. The law was signed last week by Governor Jerry Brown.
Initially, many law enforcement organizations opposed SB 178. Tech companies and civil rights organizations, on the other hand, backed it. In recent years, Apple, Google, Facebook and other tech powerhouses have seen an uptick in the request for data information by police. A similar bill was vetoed by the governor just a few short years ago.
Senator Mark Leno, one of the authors of the bill, said, “For too long, California’s digital privacy laws have been stuck in the Dark Ages, leaving our personal emails, text messages, photos and smartphones increasingly vulnerable to warrantless searches. That ends today.”
What this means to anyone arrested is this: The police cannot simply scroll through your mobile device because you are in custody. If the police believe that there is data in your phone that could tie you to a crime, they must obtain a warrant to be able to legally access your data. If they choose to look without a warrant, the evidence will not be admissible. This is true of any device: smartphones, tablets and computers.
Amid the passing of this law, Brown vetoed six bills. One would have included bouncers in the definition of proprietary security officer and one would have made it easier for Air Force members to receive a certain type of Cal Grant.
If you have been arrested for a crime in California, you need an attorney who is able to fight aggressively for your rights. Hire an attorney you can trust. Call Milligan, Beswick, Levine, & Knox LLP today for a free case evaluation. We will review the details of your arrest and advise you how to best move forward. Call now.
James Lawrence Knox is a partner at Milligan, Beswick, Levine & Knox, LLP. For almost three decades, Mr. Knox has been providing aggressive legal representation to clients facing criminal charges, as well as individuals involved in family law issues or facing administrative law proceedings. Mr. Knox, along with the other members of our legal team, is firmly committed to putting the needs of clients first and has a long and distinguished track record to show that he is a skillful litigator and knowledgeable legal professional.