To say that we would be lost without our smartphones may be an exaggeration, but only slightly. We use our phones to store our contacts, find our way to unfamiliar places and do our banking. Sometimes, we even use them to make a phone call.
We have information on our phones that we consider sensitive, so we are careful to keep it locked and protected from prying eyes. But we have also been taught to be polite to law enforcement and follow their directions. So what if they want you to unlock your phone during an investigation? Are you obligated to comply with their request?
Does the Fourth Amendment apply to our phones?
When our founding fathers drafted the Constitution, they certainly never envisioned a future where most of the world’s information would be on a device we could hold in our hand. However, they were strong proponents of a citizen’s right to privacy and the need for protection from “unreasonable searches and seizures.”
The Supreme Court extended the Fourth Amendment protections to include the information stored on cell phones and location data in 2014’s Riley v. California and 2018’s Carpenter v. United States. Law enforcement typically needs a warrant issued by a judge to access your phone’s contents without your permission. In order to request the warrant, they must present probable cause that they believe your phone contains evidence of a crime.
Still, police can ask for your phone at any time, but you are not under any obligation to comply if they don’t have a warrant. Even if they do have a warrant, you will want to see it to verify its scope. During an arrest, they may seize your phone, but you are still not required to grant them access.
Most of us keep our phones locked for privacy and security. If you use a passcode, you can’t be compelled to unlock it. This is because your Fifth Amendment protections state that you don’t have to say anything that may incriminate you. Biometric locks, such as facial recognition and fingerprint scanners, may not offer that same protection, according to the rulings of some courts.
Knowing your rights can help you make an informed decision. In addition, it’s always best to have someone with you who can help uphold your rights.