Police in Maryland must follow a particular set of steps during an arrest or when interacting with residents. While some steps are followed in all cases, some can be unique to certain instances. For example, seizing someone’s phone.
Here is what to know about the police seizing your phone:
During an arrest
If the police have a warrant for your arrest, they can seize your phone if you are carrying it during the arrest. They will store it with your personal property during your detention. If they have probable cause to believe your phone holds evidence of a crime, they generally need a warrant to search its contents.
An arrestee can also voluntarily give the police consent to search the contents of their phone. This option is not recommended, as it can have serious consequences. Anything found on your phone after consenting to a search can legally serve as evidence against you.
What if you are not under arrest?
The police are generally not allowed to take a phone belonging to someone who is not under arrest, as that would normally be considered a breach of the person’s Constitutional rights. They may be able to justify it in exceptional circumstances, such as if they have very good reason to believe the phone contains evidence of a crime that will be lost if not immediately secured. Even then, they would still need a warrant or the phone owner’s permission to actually search the device.
You need to pay attention to the steps the police take when you are interacting with them. If you believe they didn’t have grounds to take your phone or go through it, consider legal guidance to understand if your rights were violated.