If the police suspect you of a crime, one thing they might try to do is access your cell phone. Most people use their phones so much that they can provide police with a lot of information about what the person has recently been doing.
For example, your cell phone could disclose who you have been talking to, what sites you have been looking at, what you have bought and where you have been. So, how might a police officer go about gaining access to your phone?
1. They ask you
Officers will often try the simple tactics first. They know that most people are unsure of their rights and that many get nervous in encounters with the police. So, they’ll just ask you to open your phone for them. If you comply, then anything they find may be used as evidence against you. Saying no to them is the best option, and it is perfectly legal to do so.
2. They get a search warrant
If you refuse, officers have the option to seek a search warrant for your phone. However, they will need to show the court they have a valid reason to request it. If they do have one, be sure you read it to check the details are correct, and note that a general search warrant, such as one for your apartment, does not necessarily cover your phone.
3. They bypass you
Police officers can ask a court to subpoena the companies whose services you use while on your phone. For instance, the court could ask Google to provide the police with the routes you entered on Google Maps, or ask Meta to provide them access to the conversations you had on Messenger.
Failing to fully understand your rights when dealing with the police leaves you at risk of making a mistake that worsens your situation. That is why seeking legal guidance without delay is often a good idea.