(TNS) — Most of us keep a lot of information on our smartphones these days.
Be it texts to friends and co-workers or photos and access to bank accounts, much of our lives are held on those little glass and metal rectangles. And they’ve also become easier for us to access on the fly, thanks to biometric technology like face and fingerprint recognition.
So, what if a police officer in South Carolina pulls you over, is suspicious and wants a look at what you’ve got on your phone?
Should you let him?
Does he even have the right?
Here’s what the law says on the matter.
U.S. Constitution and Supreme Court on searches
The Fourth Amendment to the U.S. Constitution prohibits “unreasonable search and seizure,” meaning police cannot search a person or their property without a warrant or probable cause.
“When you are interacting with a South Carolina law enforcement official you should understand that you have the right to refuse to consent to the search of your person, your car or your home,” the Lowcountry-based David Aylor Law Offices states. “You also have the right to remain silent and not answer any questions put forward by officers.”
The right to refuse consent for searches of phones was more explicitly upheld by the U.S. Supreme Court’s decision in the 2014 case of Riley v. California, according to Deaton Law Firm LLC in North Charleston.
“The general rule is that the police cannot seize your cell phone without a warrant,” Deaton Law Firm states. “Additionally, even if the police seize your phone without a warrant incident to an arrest … a warrant is still required for law enforcement to access the contents of your phone.”
Are there exceptions for smartphone searches?
The major exception is consent — if you give police consent to look through your phone, then a warrant is not required. However, suspects are not required to consent to give their phones to police.
Also, under current U.S. Supreme Court precedent, “the police cannot force a suspect or arrestee to unlock a phone using fingerprint or facial recognition voluntarily,” Deaton Law Firm states. However, police can get a warrant that specifically authorizes compelled use of fingerprint or facial recognition access.
© 2023 The State. Distributed by Tribune Content Agency, LLC.
FAQs
Know Your Rights Concerning Police Requests to Search Your Phone in NJ. The police can request to search your phone at any time, if they have valid grounds to stop you. The key word here is request. If a police officer asks to search your phone, they are seeking your consent for the search.
Can the police look through my phone? ›
Even if police seize your mobile phone when they arrest you, they cannot search the data on your phone until they get a warrant first. However, police can lawfully search your cell phone without a warrant if you consent to the search or if you are on probation or parole.
Can my phone be confiscated? ›
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This means that, in most cases, the police need a search warrant to seize your phone. Obtaining a search warrant from a judge requires law enforcement to demonstrate probable cause.
Can the police make you unlock your phone? ›
Police officers cannot force you to unlock your phone by a testimonial act that reveals the contents of your mind. You can be forced to unlock your phone by a nontestimonial act. Ultimately, it comes down to what knowledge is being transferred by unlocking your cellphone.
Can you be on your phone while talking to a cop? ›
Sure, there is nothing at all that would legally prevent you from being on the phone with someone who was being questioned by police.. However, if they are detaining someone, the normally involves putting them in handcuffs while they do their preliminary investigation.
How do I know if my phone is being monitored by police? ›
How to Know If Your Phone Is Being Tracked Or Monitored
- Increased data usage.
- Phone shows activity when not in use.
- Charged battery drains rapidly.
- New, unknown apps on your device.
- Weird status icons.
- Phone works slower than usual.
- Unusual and strange permission requests.
- Phone freezes or abruptly turns off.
They can also access the android and iOS operating systems in order to gain access to the information stored on the device.
Can police access a wiped phone? ›
They have the power to seize a person's phone under certain circ*mstances and may be able to retrieve data from the device, even after it has been deleted, that could be used as part of the prosecution case.
How to prevent the police from tracking your phone? ›
Turn off location settings on Android:
Select “Location.” Enter “Google Location Settings.” Turn off “Location Reporting” and “Location History.”
Can police track your phone if location is off? ›
The answer is yes, it's possible to track mobile phones even if location services are turned off. Turning off the location service on your phone can help conceal your location. This is important if you don't want third parties knowing where you are or being able to track your movement.
The protection you have in your home does not extend to your cell phone. In fact, in most states in America, a police officer is allowed to read over your texts and peruse other personal information on your phone whenever they want. The Fourth Amendment privacy rights and protections do not apply here.
Can police look through a locked Iphone? ›
The general rule is that the police must have a search warrant to legally search your phone. This includes searches of: any text messages, and. cell phone data (including personal data).
Can you be forced to open your phone? ›
The Fourth Amendment protects Americans from unlawful searches and seizures. The judge ruled that forcing non-suspects on the premises to open their phones is a violation of their Fourth Amendment rights.
What is the 3 digit number to see if your phone is tapped? ›
Fortunately, there's a code (netmonitor code) that helps you identify whether or not you're being tracked or tapped. To confirm this, dial any of the codes below for your phone's operating system: For Android devices, dial: *#*#197328640#*#* or *#*#4636#*#* For iPhones, dial: *3001#12345#*
Can you keep your phone while being detained? ›
When someone is placed under arrest, that person's cellphone and other personal items like keys, wallets, and purses are held up to when the accused is released. Law enforcement officers may keep a phone they plan to search until they secure a warrant.
Can a cop tell you to stop recording? ›
The police can legitimately order citizens to stop recording if it interferes with an officer's law enforcement duties or is causing a safety issue. For example, someone who's recording might be standing too close while an officer is arresting someone.
Can police listen to conversations through your phone? ›
The practice, known as wiretapping, is heavily regulated under both federal and state laws. To intercept or monitor your phone calls, law enforcement agencies must first get a court order or a warrant.
Can police access phone messages? ›
Warrants and subpoenas:
For example, police can use a warrant or a subpoena to access your phone records, text messages, or emails if they suspect that you are involved in a crime or a lawsuit.
Can the police bug your house without you knowing? ›
It can result in serious legal penalties for those who do it. Maintaining a just and lawful society requires protecting one's privacy and keeping ethical standards in monitoring. No matter the circ*mstances, no one can bug your house without your knowledge.
