Many modern criminal investigations involve electronic evidence. Often, police officers want to search a person’s cellphone. They may want to read text messages, look at a record of calls they have made, view the websites or apps they have used, examine their location data to see where they were at the time of the crime and much more.
Generally speaking, people do have an expectation of privacy when it comes to their personal cellphones. Police officers cannot force them to unlock it and perform a search. They can ask for consent, or they need to get a search warrant.
But in other cases, people have voluntarily shared information with a third party, which reduces their expectation of privacy. This can significantly change how the police gather evidence.
Do they even need to unlock the phone?
For example, say that someone has been using a third-party app to send direct messages. The police believe that these messages contain evidence of illegal activity, such as financial fraud or other white-collar crimes.
Even if the police cannot get a warrant for the specific phone, they may be able to request a log of those text messages from the company that owns that app. The user has voluntarily shared their messages with that company, reducing their expectation of privacy. The company may choose to turn over the information to the authorities, even if they never unlock the cellphone.
Your legal defense options
If you are facing criminal allegations, understanding search warrant requirements and the Third Party Doctrine is critical. Be sure you know what legal steps you can take and what defense options you have.
