If you are the subject of a police investigation, they may want to examine your phone and other mobile devices. The police may believe that certain types of evidence are stored on those devices, and they want to perform a search as part of their overall investigation.
For example, perhaps you have been accused of illegally selling drugs. The police believe that you were texting potential customers or sending them messages through social media apps, like Facebook Messenger. They simply want to read the contents of the messages to see if you admit to any unlawful activity.
Whether or not you have done anything wrong, you may find yourself wondering if the police can even search your phone. Do you have to let them look at the contents of your device? Are you obligated to unlock your phone, either by using your fingerprint – or other biometric data – or by using a numerical code?
The police may need a search warrant
Generally speaking, no, you are not obligated to open your phone for the police. They can ask you for access to your device, but they can’t force you to provide it.
If you do not give them consent, though, then they may have the option to get a warrant. If they serve you the warrant, they may be able to force you to unlock your device. They may also serve the warrant to a company that controls the data – such as Facebook or Apple. If they can find the information they are looking for on cloud servers run by these companies, they may be able to read all of your messages without ever opening your phone.
If you believe that the police have violated your rights by performing an unlawful search, or if you are the subject of an investigation, take the time to carefully consider all of your legal defense options.