An emerging issue over the last few decades has been the presence of evidence on people’s phones. Since the invention of the smartphone, people have begun using their phones for far more than they did in the past. A modern smartphone could contain evidence in the form of pictures, videos, social media posts, email messages, direct messages and much more. It may also have access to things like financial accounts or search results history, which could be pertinent information, depending on the investigation.
As such, it is natural that the police would want to search a person’s phone during an investigation. But if you have been arrested, or threatened with arrest, do you have to give the police access to your device? If that device is unlocked, they would be able to get in on their own. But you probably lock it using biometric data or a passcode, so do you have to give that information to the police?
They generally have to get a warrant
Most of the time, searching a person’s phone is similar to searching their car or searching their house. The police would have to get a warrant, and they can’t force someone to unlock their phone. They certainly can ask for your consent, but you are not legally obligated to give them consent and they need to get a warrant if you refuse.
This can lead to some interesting questions. What if your device isn’t locked and the police access it against your will? What if they serve their warrant to another company that holds your data, such as getting your Facebook messages from Facebook directly?
Technology has made criminal investigations very complex, and it is important for those who are facing charges to know exactly what legal defense options they have.
