When you’re arrested for a crime and taken through the criminal court system, you should expect to sign a few documents, but what you shouldn’t expect is to sign away your constitutional right to privacy. But when a recent San Diego court document seemed to be doing just that, defense attorneys in San Diego weren’t happy about it.
As we covered a few years ago, the Supreme Court now requires police to obtain a search warrant to look through your cell phone. In addition, a new California law requires police to obtain a search warrant in order to seize anyone’s electronic property. Any San Diego defense lawyer will tell you that’s great news when it comes to protecting your digital data. Unfortunately, the new paperwork in the San Diego courts seemed to reverse the new law.
The San Diego Superior Court was requiring defendants to agree to a waiver of their electronic privacy rights. After threats of lawsuits and challenges by San Diego defense lawyers, the Court recently agreed to stop using the waiver. The Court will now study the matter and consult with the defense bar before issuing any revised waiver forms. This shows the power of a united criminal defense bar in challenging unfair or unconstitutional court procedures.
Stories like this are an important reminder of why you should only attend court and sign these types of paperwork with your San Diego criminal attorney present. If you have any questions about the document in question or other paperwork provided by the local courts, please call Peter Liss at (760) 643-4050 or (858) 486-3024.
Creative Commons Image by Mr.TinDC