You can learn a lot about a person by going through their phone, iPad, laptop or computer. Hence, the police often look to gain access to these devices when investigating a crime.
While there are times they have the right to do this, there are times they don’t. Knowing the difference is important.
1. You give access
Some police officers get access to a person’s device simply by asking for it. The person obediently enters the password and lets the officer look through it. Let’s be clear, doing this is a big mistake. Even when you have nothing to hide, you should not voluntarily allow the police access to your devices. It’s possible that information could be misconstrued and used to build a case against you – even when you have done nothing wrong.
2. They hold a search warrant
If a police officer knocks on your door and tells you they have a search warrant, that still does not give them the automatic right to access your devices. Firstly, you need to ensure they actually have the warrant they say they do, and that the date and address are correct and a judge has signed it. Then you need to ensure the warrant specifically mentions access to devices.
3. Through a subpoena
The police sometimes skirt the issue of getting access to a physical device by asking a court to issue a subpoena to a provider instead. That could be Meta, Google, Apple, Verizon, Dropbox or whoever stores the information they want. Remember, deleting things from a device or using incognito mode won’t entirely eradicate all traces of your activity.
Improperly accessed evidence may not be admissible in court. Learning more can help you protect your rights if you find yourself under police investigation.