How much of your personal information can be accessed with your phone? If you’re like most people, you likely use your phone for just about everything – banking, shopping, playing games and contacting friends and family. It includes personal information, such as passwords, texts, photos, location data and health information.
So, what do you do if a police officer requests that you hand them your phone? Do you have to give it to them? Are you required to unlock it and let them search through your personal data?
The Fourth Amendment and your phone
The Bill of Rights was added to the Constitution in 1791 because people were worried that the newly formed federal government might start to infringe on the individual rights of its citizens. The Fourth Amendment was included due to the unreasonable searches and seizures colonists had been subjected to under the British. It has two key principles:
- It ensures that individuals are safe from arbitrary invasions of privacy by the government, including police officers.
- Any searches and seizures need to be authorized by a warrant issued by a judge. There must be probable cause to obtain that warrant, and the warrant specifies the scope of the search.
Over the years, as society and technology advanced, the Fourth Amendment has broadened in its interpretation through various Supreme Court rulings, including Riley v. California (2014). In most cases, law enforcement needs a warrant before searching your phone. Without it, a search of your phone could be considered a violation of your constitutional rights, with the following exceptions:
- You voluntarily gave your permission for the search
- There is an immediate threat to public safety or a risk that evidence may be destroyed
- If you are arrested, law enforcement can take your phone, but they can’t search it
If law enforcement asks to search your phone, remain calm and polite. Ask them if they have a warrant. If not, you can decline consent. If they seize your phone, don’t physically try to stop them, but repeat that you have not given your consent. In all circumstances, you should speak with a legal professional to discuss your options.