If the police believe you may have committed a crime, or know something about one, they may ask you to unlock your phone so they can take a look. Knowing how to respond could save you a lot of trouble.
You are under no obligation to unlock your phone simply because the police ask you to. You are almost always within your rights to inform them that you refuse.
This does not mean, however, that the police cannot access your phone. They may be able to access your phone if they go to a judge and explain why it is so important that they look through it. If the judge agrees with their argument, a search warrant for your phone will be issued. The police can then go back to you, show you the warrant and demand that you hand your phone over unlocked. When that happens, you must comply.
Don’t accidentally give permission
A lot of people do something that gives a police officer the right to look through their phone, without fully realizing what they are doing. The officer asks the question in a slightly obtuse way or one that seems innocent and catches the person off guard.
For example, rather than say, “Please unlock your phone so I can search it,” the officer says, “You don’t mind if I have a quick look, do you?” or even “I’m just going to take a quick look at your phone.” If the person says something like “OK” or just mindlessly hands the device over, the police have all the permission they need to search it.
If you made a mistake and gave the police your phone and are worried about what they might see, guidance from an experienced attorney can help you determine your next steps.
