The duration law enforcement can retain possession of an individual’s cellular device absent judicial authorization is a subject of considerable legal nuance. Generally, indefinite retention is impermissible. The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures; this protection extends to the contents of cellular phones. Holding a phone implicates both possessory and privacy interests. Without a warrant, the period a device can be held is constrained by the exigent circumstances doctrine or a reasonable time to obtain consent or a warrant.
The ability to promptly investigate potential criminal activity is often cited as justification for temporary device retention. However, this must be balanced against the individual’s right to privacy. Historical context reveals a gradual increase in legal protections for electronic devices as courts have recognized the vast amount of personal information stored within. The implications of unlawfully holding a device extend to potential suppression of evidence and civil liability for the law enforcement agency involved.
