During some criminal cases, the authorities will be looking for digital evidence, and they may want to search a person’s cellphone. The first way they can do this is by asking for consent and getting the person to voluntarily unlock their phone.
But if the person will not give consent, then the police officers generally have to get a search warrant. This is because you have an expectation of privacy on your phone, the same way that you do in your house. In both cases, the police can conduct a search, but only if they get approval from a judge and execute a valid search warrant. Without the warrant, they cannot legally override the lack of consent.
What is the third-party doctrine?
That said, other companies may have access to some of the same information. If this information has been voluntarily provided to them, then the expectation of privacy is reduced. This may mean that the police do not need to get a warrant at all.
For example, perhaps your cellphone provider has access to your location data. The police may want to check your location to see if you were at the scene of a crime.
While they may need a search warrant to force you to unlock your phone, another option may be to approach the cellphone company and simply ask for the location data that you provided to them. If the company agrees to turn it over, then the authorities can get the evidence that they want without unlocking your phone at all.
If you believe that the police have violated your rights or made mistakes while gathering evidence, it can significantly impact your criminal defense options. Be sure you know what steps to take.
