Police can seize a person’s cell phone when they have a search warrant, if you were doing something illegal with the cell phone, or if the cell phone contains evidence.
1. When does Nevada law permit officers to seize a person’s cell phone?
There are three main circumstances under which law enforcement may seize your cell phones. These are when:
- the police have secured a valid search warrant signed by a judge that specifically authorizes the police to take the cell phone. But note that it may be possible for you to later contest the validity of the search warrant by arguing that it was improperly obtained or was overbroad.
- you were using the cell phone for an illegal purpose. Examples include using it to film child pornography or stealing someone’s identity.
- the police have reason to believe your cell phone contains evidence. For instance, if the police witnessed you selling drugs, the police would presume your cell phone contains communications between yourself and the drug buyer.
Note that the U.S. Constitution’s Fourth Amendment protects people against unreasonable searches and seizures. Traditionally, police searches consisted of searching one’s home, car, or pockets for weapons and drugs. In the last twenty years, though, police often seized one’s personal computers. And now, with the ubiquity of mobile technology, police are frequently taking one’s cell phones.
When cops seize cell phones, they have a duty not to erase or change any of the data on the cell phone.
2. What happens when police find evidence from an illegal search?
Defendants can try to get the illegally-obtained evidence excluded as evidence in their case. If not for this exclusionary rule, police would have no incentive to do lawful searches and seizures.1
Following an illegal search, defendants may file a motion to suppress evidence. If the judge grants it, the state’s case may be left too weak to prosecute.
Read more on Nevada search and seizure laws.
Legal References:
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- See, for example, Cooper v. State, 422 P.3d 722 (2018).
