How long can police hold a person's cell phone without searching it or giving back? US v. Pratt
How long can police hold a person's cell phone without searching it or giving back? US v. Pratt
We reviewed a number of cases dealing with the length of time police can seize (hold) a person during a traffic stop. You can watch those videos here: https://youtu.be/EpxfPYHG2vc
This case deals with a seizure of personal property (namely a cellphone) and the length of time police has to search the property. In United States v. Pratt, 915 F.3d 266 (4th Cir. 2019), the FBI were investigating a prostitution ring.
FBI agents confronted Mr. Pratt, who was holding an iPhone. Pratt told the agent that the phone was his. The agent asked if Pratt had
nude photos of the underage prostitute he was pimping on the phone. Pratt responded “yes, I’ve got pictures of her on the
phone.”
The agent then seized the phone, telling Pratt the FBI would get a search warrant. Pratt refused to consent to the seizure or disclose the phone’s passcode. And the FBI didn’t get a warrant to search the phone until March 4, 2016—a full 31 days after seizing
it. When agents finally searched the phone, they found nude images of the underage woman and incriminating text conversations with the underage woman and others.
The constitutional question is whether the extended seizure of Pratt’s phone was reasonable. A seizure that is “lawful at its inception can nevertheless violate the Fourth Amendment because its manner of execution unreasonably infringes possessory interests.” United States v. Jacobsen, 466 U.S. 109, 124 (1984) (citing United States v. Place, 462 U.S. 696 (1983)). To determine if an extended seizure violates the Fourth Amendment, we balance the government’s interest in the seizure against the individual’s possessory interest in the object seized. See Place, 462 U.S. at 703; United States v. Van Leeuwen, 397 U.S. 249, 252–53 (1970).
Given Pratt’s undiminished interest, a 31-day delay violates the Fourth Amendment where the government neither proceeds diligently nor presents an overriding reason for the delay.
The government’s alternative argument that it could retain the phone indefinitely because it had independent evidentiary value, like a murder weapon. Only the phone’s files had evidentiary value. The agents could have removed or copied incriminating files and returned the phone. The phone itself is evidence of nothing.
Full Opinion here: http://www.ca4.uscourts.gov/Opinions/174489.P.pdf
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
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Great video detail information to know thanks👍🏻
I need legal help! The FBI took both of my phones & nobody is helping me get them back, it’s been 9 months! I’ve paid over 1900$ for the lease on two phones I don’t even have & the contracted cell phone service that does with them. I have not been convicted of any crime nor am I a suspect in any crime whatsoever. How do I get a search warrant!? I need an attorney so bad but my town is so corrupt, no one around here will let me hire them. Please help.
Hi I am a 15 year old boy that got in trouble with the police do to some reasons, I was interrogated by the police and answered questions I was interrogated in school and the school had possession of my phone and gave it to them as evidence to what I had done the police asked for the password phone number and everything I gave that information to them because I didn’t know I could refuse, they have taken my phone for about 4-5 months now and nothing has been said to me, I went to the district but all they did was give me the Sgt’s number who was working on my case I called many times but they never got back to me i don’t know what to do please help.
Something isn’t right here. I’ve read stories on Facebook how Marshals inside courts would seize a phone if they caught anyone just audio recording and wouldn’t get a Search Warrant for up to 3-5 months.
The cops took my phone and they haven’t gave it back for almost a whole year
Is it legal then for the. To go threw ur phone
The real question is how long can they investigate before its blatant harrasment
so how long can the police hold your phone?
👍👍👍…..
Man, if I am ever in California and in need of a lawyer, I will be calling you.
love your videos
I need a lawyer in ny
OOOOH yes, almost forgot. Child pornography is sick as hell for sure. They say the child was 17. Here in Nevada, the age of consent is 16. Frankly, in all states, it should be 18.
Excellent review and thank you!
Sorry I did not want to know the content of a entire case I wanted to know how to get back your cellphone after the court release you from police custody.
Also, don’t admit to the photos to begin with. Finally, NEVER TALK to LEO. When LEO asks questions: "Police officer / Agent, on advice and recommendation of Supreme Court Justices, I will not answer any questions from you, nor anyone of your profession. If you believe that you’re position is greater than the Supreme Court, then I’m willing to listen."
Wow what a great video! So about my case that’s going on right about now. Christmas Night I was having dinner with my girlfriend and about 8 police units, 6 dps troopers, 4 bikes and a helicopter where on the pursuit of a vehicle. We could see the helicopter shinning it’s light at the suspects car and the dps troopers drawing their guns to the car about 4 houses down from us. They arrested the person and put him behind custody in an unmarked vehicle. There was no Yellow Crime scene tape up. My girls minor brother and I went to go record from the sidewalk and a trooper rushed at us and threatened to arrest us and told us to get the fuck out of there. I asked for his Name and Badge and he is The Captain Of AZDPS Joseph Campbell. We left and came back around the other way far from the officers and started recording again from public sidewalk and out of the blue a trooper rushed me and arrested me immediately. The minor started recording me getting arrested and asking for what charges he ended up getting arrested as well and they took his phone too. They released him after he was ID. I was taken to jail for not giving them my ID. When I was in the dps jail cell the trooper came up to me and asked me for my phone password so he can go on my gallery and delete the video because it’s EVIDENCE. I denied and then he read me my Miranda rights after 2 hours since I was arrested. I spent Christmas Night in jail and was realeased in the Morning. Court came up 3 weeks later and it turns out they haven’t filed the charges/complaint yet so court had dismissed the day. 1 week later I called The County Attorneys office and they they still hasn’t filed the charges. I called DPS and they said the arresting trooper wasn’t releasing any of our phones. He ended up filing them the next day and also got a search warrant for both of our phones approved. The fact the the judge allowed that warrant for a case that didn’t need to exist for exercising my 1st Amendent right is bonkers. I will be releasing that video on my channel when I do get my phone back in the near future.
I am going to fly to your area and flip off a cop and piss him the FK off just so you can represent me. Then we can laugh at him as we are walking out the court house to go get a good steak.