In today’s digital world, most of your information exists on your smartphone. Contacts, photos and conversations with your friends can easily be accessed.
But who has the right to access that information? Can the police seize your phone and search through its contents?
Does the Fourth Amendment cover your phone?
The U.S. Constitution Fourth Amendment protects you from unreasonable searches and seizures of you, your home and your belongings. Per the Supreme Court ruling in Riley v. California, that protection extends to your phone. The Court recognizes that phones contain a lot of personal information. Therefore, law enforcement is not allowed to search your phone without a warrant, even if you are under arrest, except in the following circumstances:
- You voluntarily consented to the search.
- Law enforcement believes there is an immediate need to search the phone, even without a warrant, to prevent harm, destruction of evidence or a significant safety risk.
- Officers can see incriminating evidence on your phone while it’s in plain view.
In addition to law enforcement not being allowed to search your phone without a warrant, they can’t compel you to unlock it. Therefore, you may consider protecting it with a PIN instead of a biometric lock such as a fingerprint or facial recognition.
If the police ask to search your phone, you can say no unless they have a warrant. Remember to remain calm and polite while refusing to avoid escalating the situation. If police do seize and search your phone, any evidence they obtain could be inadmissible under the exclusionary rule, which prevents unlawfully obtained evidence from being used in court.
If you are being charged with a crime because of information contained on your phone, it’s vital that you speak with a legal representative. They can help you to understand your options and protect your rights.