The officer held my phone up to my face to unlock it
"The Police officer held my phone up to my face to unlock it and then went through it and used what was on my phone as evidence to search my car and arrest me for drugs and guns."
This is pretty blatantly a violation of your rights, but is unfortunately rather common, especially in certain jurisdictions. The U.S. Supreme Court and the Virginia Supreme Court have both held that access to a person's phone normally requires a search warrant. There may be some argument of 'exigent circumstances' or consent, but those arguments should not prevail. That being said, no Judge likes excluding evidence of a crime.
The attorney's job in this scenario is to set out the facts of the case and the legal arguments in such terms as they command agreement, even from an otherwise-reluctant Judge.
If you are in this situation and would like to speak with an attorney, please feel free to contact my office to arrange for a free consultation.
"This page is not an advertisement; it is a blog. The views and opinions expressed on this blog are solely those of attorney Robert Lorey. The purpose of these articles is to inform the public regarding various issues involving the criminal justice system and should not be construed to suggest a similar outcome in any other case. The outcome of any case depends on a myriad of factors which are well outside this blog post."
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