Development in criminal defense regarding cellphones

Recently, the California state legislature passed a bill that would require law-enforcement officers to obtain a warrant before searching an arrested person’s cellphone. While, the California law does not impact people who live in Minnesota, the law is central to a criminal defense discussion about information collection by law enforcement, electronic devices and search warrants.

If the bill passed by the legislature is signed by the governor, police officers in California would first have to obtain a search warrant when they believe there is probable cause to believe an arrested individual’s electronic device contains criminal evidence. The wording of the law would also apply to tablet computers, media players, digital cameras, gaming devices, flash drivers and laptop computers.

The passage of the bill came in reaction to a California Supreme Court ruling in January that legalized the warrantless search of cell phones during an arrest. The implication of the ruling also meant that criminal evidence unrelated to the suspected crime could also have been obtained.

The California state assembly unanimously passed the bill and supporters of the bill say the potential law would strengthen the rights to freedom of speech and assembly as well. Under the California Supreme Court ruling police officers could possibly obtain information about public or private gatherings.

However, a staff attorney at the Electronic Frontier Foundation warns that once police obtain a search warrant for an arrestee’s cellphone everything on the cellphone may become evidence. The issue remains one more to be decided. Legal experts believe the recently passed bill will send a strong message to other state legislatures regarding the cellphone warrant issue.

Source: CNN, “California bill would ban warrantless cell phone searches,” Amy Gahran, Sept. 21, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Understanding Solicitation and Enticement Laws in Minnesota

Recently, a sex sting operation in Bloomington, Minnesota, led to the arrest of at least 14 men, including former Minnesota Senator Justin Eichorn. The operation involved undercover officers posing as minors online, engaging with individuals who sought to solicit sexual conduct. 

Accused of Criminal Sexual Conduct at a Minnesota College? What You Need to Know

You will go through a disciplinary hearing if you have been accused of criminal sexual conduct at a Minnesota college. The college disciplinary board will conduct the hearing under Title IX law. This federal law requires learning institutions to investigate and resolve student sexual misconduct separately from concurrent or related criminal proceedings. The college administration will punish you appropriately if the hearing determines that you contravened the sexual consent policies under the college’s Code of Conduct. The punishment can range from suspension and college-imposed probationary period to expulsion and compulsory sexual education classes.

Busted at a Music Festival? What Happens If You’re Caught With Club Drugs in Minnesota

One question you may ask when planning to attend an upcoming music festival is: What happens if I’m caught with club drugs in Minnesota? The legal consequences of getting busted with drugs at a music festival include an arrest, criminal charges, a fine, and imprisonment. Beyond the legal consequences, a drug crime charge or conviction can lower your chances of securing employment, housing, and student loans. It may also strain your relationships with family, friends, and society.