During many criminal investigations, the police are interested in searching a person’s mobile phone for potential evidence. This evidence could come in many different forms. It may include a search history of websites that they visited, a log of calls or texts that they made or just their location data to see where they were at any given time.
The first thing to note is that a person does have an expectation of privacy when it comes to their own device. The police can ask for your consent to unlock your phone, but you are not obligated to give it to them. You do not have to provide consent, the same way that you have an expectation of privacy in your own home and you do not have to consent to a home search.
They may get a search warrant
That being said, it is possible for the police to get a search warrant for a person’s phone. If so, this can allow them to access the device even without express consent from the device owner. If they force someone to open their phone without getting the warrant first, however, it could constitute an illegal search.
The third-party doctrine
Additionally, third parties often have access to information that is also stored on the phone. An ISP may have a record of sites visited, or a tech company may own an app that tracks all of the messages that a person sent through that app. When an individual voluntarily shares information with a third party, it reduces their expectation of privacy. The police can sometimes obtain the evidence they are looking for from the third party, without ever unlocking the device.
Phone searches can get complicated, but this helps to show the basics of how they may be conducted. Those who are subjected to a criminal investigation must be well aware of all the legal options at their disposal.