If you are the subject of a criminal investigation, the police may be interested in searching your phone for evidence. This could include text messages, email messages, direct messages, pictures, social media activity, videos and much more.
But if you’re talking to a police officer and they tell you to hand them your phone, do you have to do it? Moreover, your phone is likely protected with a password, or you may be able to open it with biometric information like a scan of your face or your fingerprint. Can the police officer force you to do so to unlock your phone and look for evidence?
They (usually) need a warrant
An officer may ask, which just means they’re trying to get your consent. But you don’t have to give your consent. You can refuse to give the police access to the phone, and you do not have to tell them your password.
If the police still want to look on the phone, then they generally need to get a warrant from a judge. This would authorize a search of your phone in the same way that a warrant could authorize a search of your home or your car without your consent.
One important thing to note is that the warrant doesn’t necessarily have to be served to you. For example, there was a case where the authorities wanted to look at Facebook messages between two people. They served the warrant to Facebook, and the tech company then turned over those records.
Your defense options
Technology can make criminal cases much more complicated today than they have been in the past. If you’re facing charges, be sure you understand all of your legal options.