A person’s cellphone can contain an incredible amount of potential evidence during a criminal investigation. They may have pictures or videos of themselves with others who were involved in the criminal activity. They may have sent incriminating text messages or social media messages. Even the location data from the phone can be valuable because it could place the person at the scene of a crime.
As such, if the police are investigating you for a crime, they may ask you if you will unlock your phone and let them take a look at the data on your device. But just because the police are asking you to unlock it, does this mean you have to? Are you obligated to comply with their request or follow their instructions?
Unreasonable searches
Generally speaking, cellphones fall under the same search and seizure limitations that are applied to other types of searches, such as the search of your home or your car. There may be some emergency situations in which the police can compel someone to comply with a search, but they typically need to get that person’s consent. The officer may ask you if they can open your phone, but they need you to say yes and voluntarily do so in order for them to inspect the device.
In other words, you do not have to unlock your device, and you do not have to go along with the investigation. You can simply tell them that you do not want to answer any questions or provide any information until you have your lawyer present. Without your consent, the police officer will probably need to go to a judge, present probable cause and get a search warrant in order to access your device.
It is important not to make any mistakes that could compromise your position while being investigated for a crime. Be sure you understand your rights and your defense options.