Want to Protect Your Right to Privacy? Encrypt Your Cell Phone.

February 1, 2011

A recent decision by the California Supreme Court authorizes the warrantless search of a person's cell phone. Specifically, the California Court held that police do not need a warrant before seaching an item, here a cell phone, seized from an arrestee's person incident to a lawful custodial arrest.

Although it is unclear whether New Hampshire courts, which have recognized a greater privacy interest under Part 1, Article 19 of the New Hampshire Constitution, would follow the California court's reasoning, it emphasizes the importance of encrypting phones or password protecting them if you wish to protect the privacy of its contents from police intrusions.

UPDATED: Why you should always encrypt your cell phone.

For the tech world's view on this, click here.

For the California Supreme Court opinion, click here.

Your Best Defense Starts Here

For aggressive representation and practical legal advice, contact the experienced New Hampshire attorneys at Samdperil & Welsh, PLLC today.
Exeter, NH
(603) 775-7570
Portsmouth, NH
(603) 436-4901