Do you have to unlock your phone when an officer asks?

On Behalf of | Jan 16, 2025 | Criminal justice |

Modern cell phones carry vast tracts of information about a person’s life. Hence it is no wonder that the police often seek to examine someone’s phone when they suspect them of a crime.

Thankfully, phones come with locking systems to prevent someone from accessing the information without the owner’s consent. But what happens in the case of the police? Do they have a right to scroll through your phone? Are you obligated to enter the passcode for them?

The police don’t have the automatic right

If the police ask you to open your phone, you can legally refuse. Unless they have a warrant that specifically permits them to search through your phone they do not have the right to view your contents. And you cannot be penalized for refusing to unlock it. If, however, you do unlock it for them, you have just consented, so they can then legally scroll away.

The police can, of course, go away and return with a warrant at another point. Or they can bypass you altogether, bypassing your physical phone in the process.

Subpoenas can give them access

It’s important to remember that deleting information from your phone won’t necessarily delete it everywhere. The police often subpoena the companies that hold your data. This could include the network provider, the company that makes the browser you use, a cloud storage company or a social media provider. 

Refusing to unlock your phone may buy you time to think about what to do next, but it won’t necessarily prevent the police from getting to what they want to see. Even if you did nothing wrong, the police may discover information they believe shows you did. Seeking urgent legal guidance to explore your options could be a wise move.