A police officer detains you and wants to ask you questions. They say that you’ve been accused of selling illegal drugs. You’re not necessarily under arrest, but they are conducting their investigation and want to learn more.
During this process, the officer asks you to unlock your phone. These days, most people have their phone locked behind either biometric data like a fingerprint, or a passcode. The officer may want to look at your phone for evidence, such as text messages that you were sending to a supplier or a potential buyer. Do you have to unlock the device for them?
Only if they have a warrant
No, you do not have to unlock your phone, and you can tell the officer that you’re not willing to do so. After all, you’re not obligated to incriminate yourself. Giving the officer access to your device could put you at risk.
An officer can go get a search warrant, which would mean you have no choice but to unlock your device. This is similar to how, if an officer knocks on your door and asks to search your home, you don’t have to give them consent to come inside. You can tell them to come back with a search warrant. The same principle applies to a phone, so an officer who forces you to unlock the device without the proper warrant would thus be conducting an illegal search in violation of your rights.
If this does happen, it can have a major impact on the case and the evidence that the police can use. Take the time to carefully look into all of your defense options.
