In many cases, police officers who are conducting a criminal investigation may want to look for evidence on a person’s cellphone. For instance, maybe a person has been accused of purchasing or selling illegal drugs. The police believe that there could be valuable evidence on their phone, such as text messages or crucial location data.
In most instances, the police would need to get a search warrant to open that device. People lock their cellphones behind numerical passwords or biometric data, such as their fingerprint. The police cannot force someone to open the phone and conduct a search, so they need to get a warrant from a judge first. But there are some exceptions to keep in mind.
If they get consent
First and foremost, police officers will often ask for consent from the owner of the phone. If they get it, then they do not need a search warrant at all. This can create some issues, such as when a juvenile defendant believes that they are obligated to do whatever the police say and gives consent when they did not have any legal requirement to do so.
If they contact a third party
Another exception is when a third party has voluntarily given the same information. If a social media app was used to send the text messages, for example, that social media company may also have a record of what those messages said. The police may be able to get a log of the texts from that company, meaning they do not even need to unlock the cellphone.
How the police gather digital evidence can dramatically affect a case. It is crucial that those who are facing charges know how this process works and what legal options they have.