Can Police Hack Your Phone Without Having It?

In the digital age, scenarios that were nearly impossible just a handful of years ago are now a reality that everyone must face. When it comes to the complexities of the criminal justice system, the digital age has brought about a wave of new changes, tactics, and strategies that law enforcement use to catch alleged offenders.

Police officers are allowed to search an alleged offender’s phone while conducting an arrest, assuming they have probable cause. However, there are situations where law enforcement may remotely access data on a suspect’s phone to assist in their investigation. It is best to consult with a defense attorney if you believe that your phone has been accessed remotely, as this could represent a blatant violation of your rights.

How Police Can Hack Your Phone Remotely

Police may try to access your phone if they are trying to compile evidence against you for a pending criminal matter. Both state and local law enforcement entities often use devices called stingrays that act like a cell phone tower and are able to remotely extract data from mobile devices.

A stingray can intercept communications, gather data, and even track the locations of the individuals caught in its digital web, including people who are not necessarily on law enforcement’s radar. Because the mobile device recognizes the stingray as a cell phone tower, it connects to it, allowing the stingray to gather data like text messages and GPS information.

These surveillance tactics frequently bypass Fourth Amendment protections against unreasonable searches and seizures. State and local law enforcement may also use other approaches, such as hacking software that allows the user full control and access to the individual’s device, often without their knowledge.

Potential Defenses to Unlawful Phone Searches

While it is clear that the police often have the technical capabilities to hack your phone without having it in their possession, the legality of doing so is highly questionable. Police who use the aforementioned tools and other software to remotely access someone’s phone could not only get information like text message and GPS details, but correspondence including emails, documents, photos, videos, app usage, and more.

There may be situations where law enforcement can track someone’s cell phone without a warrant and do so on a legal basis. The police can also legally search your phone without a warrant if you give them your consent, if the search is carried out in the process of you being placed under arrest, or other exceptional circumstances.

Cell phone tracking without a warrant is often illegal, and if you believe police have hacked your phone, you need to get legal advice without delay. An attorney can work with experts to analyze your phone for signs of a breach and deploy any defense strategies against an unlawful search.

Talk with an Attorney If You Are Worried the Police Might Hack Your Phone as Part of a Criminal Investigation

Case law, including numerous decisions by the U.S. Supreme Court, have determined that police are not generally allowed to search your phone without a warrant. Yet, there are still plenty of documented instances where law enforcement remotely access cell phone data from ordinary citizens without a warrant.

Nowadays, many police departments have the necessary technology to bypass security measures to remotely gain access to a suspect’s device. If you think your phone has been hacked, you may be suspected of a crime by law enforcement or you may have simply been caught up in a broader investigation that has nothing to do with you.

An attorney can also identify the strongest defenses against a pending possible criminal charge, as well as ways to challenge the police’s actions if they have unlawfully accessed your data. If you have concerns about phone surveillance or otherwise need legal assistance, do not hesitate to contact our legal team today.