If you have been accused of a white-collar crime, such as financial fraud, the police may believe that there is electronic evidence on your phone. They may be looking for pictures or videos. They could be after text messages, email messages or private messages sent through other phone apps. They may simply be interested in location data and things of this nature. Most people have their phone on them all the time and it stores an incredible amount of information about their life.
But if the police ask you to unlock your phone for them, you certainly don’t have to consent. Is there any way for them to gain access to the device without your approval?
They can get a warrant
The main way that the police do this is by getting a search warrant. Just as they need a warrant to search someone’s home, they also need a warrant to search their device. If a judge provides them with this warrant, they can then perform the search against your will. But officers do have to get the warrant first, so this is not going to happen at the time of arrest.
Another thing to consider is that there may be different sources for the information they’re seeking. Say that officers want access to messages you sent on social media. Those may be stored on your phone, but they’re probably also stored on cloud servers that are owned by the social media company. If the police can’t gain access to your device, they may consider serving a warrant to that company, instead.
Your entire future may hang in the balance when facing serious allegations. Be sure you know what defense options you have.