The police arrest you because they believe that you’ve broken the law. They take your phone while conducting the arrest. This is very important to them because they think there’s evidence on the phone, such as text messages that you may have sent to other people, pictures and videos you’ve taken or even the contents of your internet search history.
Unfortunately for the officers, your phone is locked. They can’t open it without a code or your fingerprint. An officer comes to you and orders you to unlock the phone so that they can examine it. Do you have to do so?
Not without a search warrant
If the police do not have a search warrant, then you are under no obligation to unlock your device for them. You don’t have to tell them what the password is.
Of course, the police do have options to compel you to open the phone. They can go to a judge, explain what evidence they’re looking for, and get a valid search warrant. If they then serve you this warrant, you have to follow their instructions and unlock the device. But until they have the warrant, it is your right to refuse to provide them with the necessary code or biometric data.
Additionally, keep in mind that the police may be able to find the same information in other sources. For example, maybe they think you used a social media site to send direct messages to another user discussing criminal activity. They may be able to serve a warrant to that social media company and recover the messages without ever unlocking your phone.
Navigating this type of situation can be complex, and it’s important to have an experienced law firm on your side.