You’ve been accused of domestic violence by a former partner. The police have begun conducting their investigation and looking for evidence. While doing so, they decide that they want to search your phone to see if you sent any threatening messages to your former partner that could support their claims that you were abusive.
Even if you don’t feel like there’s any incriminating information on your phone, what rights do you have in this situation? Say that the investigators tell you to turn over your phone, and they ask you to unlock it so that they can look through your messages and other data. Do you have to do as they’re asking, or can you refuse to unlock the device so that they can’t read any of your personal information?
They would need to get a warrant
The first step for any police department is to seek consent. The easiest way for them to get access to your device is simply to ask. If you give them consent, they can then look at your messages—although you do have the right to withdraw that consent.
If you withdraw it, or if you refuse to give them consent from the very beginning, then they have to get a search warrant. Just because an officer orders you to unlock your phone doesn’t mean that you actually have to do so. You have a right to privacy, just as you would in your home, and the police need to execute a search warrant to override that right. Without the warrant, forcing you to unlock your device would violate your rights and may invalidate the evidence during a criminal trial.
It’s very important to know what legal steps to take when facing criminal accusations, so it can help to work with an experienced defense firm.