There are many different types of evidence that police look for during a criminal investigation, and phones and electronic devices are an increasingly common source. Police may want to read text messages that two people sent to each other if they have been accused of embezzlement, fraud or another type of conspiracy. Officers may want to look at social media messages sent by someone who is accused of selling drugs or at pictures and videos that are stored on the phone to see if those provide evidence in a criminal case.
So what do you do if a police officer tells you that they want to search your phone? They cannot get into it because the phone is locked. Can they make you unlock it so that they can conduct their search?
They need a search warrant
Most of the time, the answer is no. The police cannot force you to open your phone. Even if they are convinced that you have broken the law and that evidence is on that device, they cannot force you to use your fingerprint, tell them the password or otherwise access the information on your phone for them.
Instead, they have to get a search warrant for your device. Once they have this warrant, then they can require you to unlock your phone so that they can conduct the search – just as they could make you unlock the door to your home so that they can search your property. If they do this without getting a warrant, then it is an illegal search and a violation of your rights, and the evidence may have to be excluded from your case.
If you are facing serious criminal charges, it is very important for you to understand all of your legal rights and your defense options moving forward. Having legal guidance will help