You get arrested by a police officer who believes you were selling drugs. You still have a small amount of drugs and some cash on you, but they say it’s more than just a possession charge. They think you were selling substances to other people shortly before you were arrested.
To search for evidence, the officer wants you to open your phone, which is locked. They want to see your text messages or social media messages. They believe this is how you communicated with the people who were buying those substances from you. But can they force you to unlock your phone and allow them to read your messages?
They need a search warrant
No, in order to compel you to open your phone, the police have to get a search warrant. Without it, they can’t force you to unlock the device. They can’t make you tell them the password, and they can’t force you to use your fingerprint or other biometric data.
They certainly can ask for your consent, and that’s likely one of the first things they will do. But without consent, they have to get a search warrant.
So what happens if they force you to open it anyway? Then it could be a violation of your rights, as they are performing an illegal search—similar to if they forced their way into your house without a search warrant to look for evidence at that location.
This could invalidate the evidence when you go to trial, so it can have a major impact on your case. At a time like this, be sure you understand all of your legal defense options.
