If you have an encounter with a police officer, they may want to search your phone. This could happen after a traffic stop, for example, or even if an officer comes to your house. They may tell you to give them your phone, but they won’t actually be able to look at any of the information on it unless you unlock the device. Depending on your phone, this could mean using your fingerprint, scanning your face or typing in a code.
But what do you have to do in this scenario? Say that the officer tells you to unlock your phone and give it to them. They issue this statement as a command, and you know they’re in a position of authority and may even arrest you if you refuse to comply. Does this mean you have to unlock your phone?
Not unless they have a warrant
No, a police officer generally cannot command you to unlock your phone. They also can’t arrest you for refusing. You’re not obligated to give them access to your device just because they ask for it.
If the officer wants to search the device, what they need to do is get a search warrant. They can then show you this search warrant and demonstrate that it is a legal court order compelling you to unlock the device. You do have to comply with the search warrant, just as you would have to let an officer search your house if they had a warrant for your home.
But if the officer hasn’t gotten a warrant, they can’t force you to allow a search of either your house or your device. If they perform an illegal search against your will, that could even invalidate any evidence they find.
Your defense options
This can certainly create a contentious legal situation. Be sure you understand all of your defense options at this time.
