Can Police Search Your Smartwatch or Fitness Tracker in Maryland?

Today’s world is a digital one, and it has crept into the area of criminal defense and the criminal justice system. From emails to text messages to social media posts, digital evidence is becoming more and more important in criminal cases today. Law enforcement and the prosecution today rely more heavily on the information obtained from electronic devices. Now, this not only includes computers and cell phones, but also smartwatches and fitness trackers.

These devices contain a wealth of information about you, and that can be used against you in your criminal case. Although technology continues to evolve, so too do the methods for the collection, analysis, and grounds to challenge the evidence in court. Below, our Maryland criminal defense lawyer explains whether law enforcement can search your devices, and how to protect your rights.

When can police search your smartwatch or fitness tracker?

As with other electronic devices, such as your smartphone, there are only specific instances in which law enforcement can search your smartwatch or your fitness tracker. If you are asked for your electronic device, it is critical to remember that you have certain rights. There are limited circumstances in which authorities can search your phone, including the following:

• With a search warrant: Generally speaking, police must obtain a search warrant before searching the digital contents of your device. This right is protected under the Fourth Amendment.To obtain a warrant, police must show probable cause and the warrant must particularly describe what may be searched and seized. Even after obtaining a warrant, police cannot overstep their bounds when searching your smartwatch or fitness tracker.
• With consent: Police can search any of your property, including a smartwatch or fitness tracker, if you give them consent to do so. You are never required to give your consent. You can refuse to voluntarily share passcodes, and you should ask for a lawyer. Whether the government can compel unlocking (especially via biometrics) depends on evolving law and the specific circumstances.
• After an arrest: Although police may seize your digital devices upon arrest, warrantless searches are not justified, with very limited exceptions.
• Risk of destruction: If police believe you may immediately erase, delete, or otherwise destroy important and relevant information, they may seize your devices. However, they must have reasonable evidence that you intended to destroy evidence.

What is a reasonable search for smartwatches and fitness trackers?

In 2022, Maryland Supreme Court issued a ruling narrowing the search of cell phones. The decision was in response to Riley v. California, a case heard by the United States Supreme Court in 2014. The federal court’s decision ruled that law enforcement must obtain a search warrant before searching a cell phone seized during an arrest. The decision did not list any requirements for searching a cell phone for specific information.

In 2022, Maryland issued its decision in Richardson v. State of Maryland, ruling that search warrants for cell phones must be limited to information in relation to the suspected crime. Today, Maryland courts scrutinize cellphone warrants for particularity – for example, limiting the search to evidence of a specific crime and often including sensible constraints (like timeframes or data-type limits) to avoid ‘search everything’ warrants. For example, law enforcement may only be able to search text messages within a specific timeframe.

The decision in Richardson v. State of Maryland was specific to the search of cell phones. Still, although other devices may not have been explicitly stated in the ruling, the case and others like it fall into a growing body of law, including Riley v. California. While the courts in Maryland have not decided explicitly on this issue, the reasoning under federal law suggests that data obtained from fitness trackers and smartwatches should be treated like other digital devices.

Mistakes to avoid if police want to search your smartwatch or fitness tracker

It is natural to want to take certain actions if the police want to search your smartwatch or fitness tracker. Many of these are mistakes that could jeopardize your case. If police want to search your smartwatch or fitness tracker, do not do any of the following:

• Delete evidence: Deleting or destroying information on your device can hurt your credibility in court and may result in additional charges.
• Discuss your devices with police: Do not discuss any activity on your device with police without a lawyer present.
• Provide consent: Never allow law enforcement to search your devices or give them your password. This allows them to search your device without first obtaining a search warrant.
• Failing to secure devices: Make sure all of your devices are password-protected, making it harder for law enforcement to access your data.

While you should avoid the above steps, it is also important to exercise your rights. Most critically, these include the right to remain silent and to ask for a lawyer right away.

How to challenge digital evidence

Challenging the prosecution’s case and the evidence presented against you is a critical part of your case, and this extends to digital evidence. Our Maryland criminal defense lawyer can identify weaknesses in the prosecution’s case and challenge evidence that is unreliable or illegally obtained.

If police did not obtain a valid search warrant or otherwise violated your rights, it may be possible to file a motion to suppress the evidence so it is not part of your case. We may also be able to argue that a search exceeded the scope outlined in a warrant, which can also suppress evidence against you. We’re often able to also analyze the evidence to determine if it is authentic or if it has been altered. We can also question if proper forensic procedure was followed and request proof of the chain of custody.

Our criminal defense lawyer in Maryland can protect your rights

Often, criminal cases rely on the validity of a search conducted during the criminal investigation. At Carey Law Office, our Maryland criminal defense lawyer can advise on the procedure that was followed, the validity of any search, and try to get evidence against you suppressed so it does not hurt your case. Call us today or contact us online to speak to our experienced attorney and to get the legal help you need.