Abogado Penalista

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HomeCan police officers check my cell phone?Criminal defenseCan police officers check my cell phone?

Can police officers check my cell phone?

Only if you give authorization can a police officer check the contents of your mobile phone, or the police must present a judicial order indicating that you are suspected of having committed a crime.

According to Article 16 of the Constitution, no citizen may be disturbed in their person, home, car, or possessions without an order. Therefore, “routine” checks are illegal.

It is important to remember that before any search, the police must present a judicial order indicating that you are suspected of having committed a crime.

What the law says about routine checks:

According to Article 16 of the Constitution, no citizen may be disturbed in their person, home, car, or possessions without an order. Therefore, “routine” checks are illegal.

Despite being stipulated by law, many citizens consent to these types of searches because they are unaware of this constitutional provision.

Before any search, the police must present a judicial order, a written order indicating that you are suspected of having committed a crime or observed committing a crime, or when authorities notice facts or circumstances that suggest a crime is being committed in a vehicle, they may proceed to search it.

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About Me

I have more than 13 years of experience in litigation related to smuggling, crimes against health, tax crimes, property crimes, carrying weapons, among others.

Sobre mí

Cuento con más de 13 años de experiencia en litigios relacionados con el contrabando, delitos contra la salud, delitos fiscales, patrimoniales, portación de armas, entre otros.

© 2024 Lic. Jorge Fernández.