When was the last time you had to remember a phone number? Or how about unfolding a road map on the hood of your car to figure out where you are going? The truth is that we are lost without our smartphones. Everything we need to know, or someone needs to know about us, can be found in that little device.
So, what if you’re in a situation where the police ask you to give them access to your phone? Are you required to do so?
Your constitutional right
The U.S. Constitution’s Fourth Amendment protects you from unreasonable searches and seizures. That protection extends to your phone, meaning law enforcement is not permitted to take or search your phone without justification. To do so would require a warrant signed by a judge and based on a reasonable belief that your phone contains evidence of a crime.
A U.S. Supreme Court ruling upheld that precedent. In Riley v. California, the Court stated that our smartphones have a unique status with their multitude of apps designed to manage the user’s data. Therefore, even if you are under arrest, the police are not allowed to search your phone.
There are a few situations when the police can search your phone without a warrant, including:
- You voluntarily give them your consent
- There’s an emergency where waiting for a judge’s order could result in harm or the destruction of evidence
- Your phone is unlocked, and evidence of illegal activity is in plain view
But that leads to a gray area of the law: Can the police force you to unlock your phone? It could depend on whether a password, PIN, fingerprint or facial recognition secures your phone.
If the police ask to search your phone, politely inform them they do not have your permission. Ensure that your phone is locked with a PIN or password rather than relying solely on biometrics. Be sure to work with someone who can provide guidance on your rights and ensure they are protected.