As most people spend a lot of their lives online, it is only natural that the police may want to access a person’s online life as part of a criminal investigation. Understanding your legal rights will be crucial in such a case.
Here are some of the ways the police might gain that access:
1. By asking you
Don’t expect a police officer to say “Hi, I would like to examine your laptop and phone for evidence of criminal activity.” They are more likely to say something that could catch you off guard. For example, “Do you mind opening up your laptop for me?”
If you say yes, or reply that you don’t mind, you will have given them all the permission they need to proceed to trawl through your online activity and anything else they might find on the device.
2. By seeking a search warrant that covers the device
The police can ask a court for a search warrant to look at a particular device. Do be clear that the warrant is valid and specifically covers your device, and be wary of them trying to claim a more general warrant gives them access when it does not.
3. By seeking a subpoena
The police can also ask a court to subpoena a service provider, such as Meta, Google or Dropbox to hand over details of your online activity. This way they do not need to access the device itself.
Refusing permission for a warrantless search might not always prevent the police from accessing your information. But it will mean they need to show a judge they have a legitimate reason to request access. It can buy you important time to seek legal guidance about what to do next.