Do police need a search warrant to access my smartphone?

The short answer is ‘yes’ but it’s more complicated than that.|

Do police need a search warrant to access my smartphone?

Yes, law enforcement does need to show probable cause to a judge and obtain a signed warrant before accessing data carried on a smartphone, according to a 2014 U.S. Supreme Court ruling.

That said, as with most things related to cops and courts, it’s more complicated than that.

The Supreme Court ruling was a big win for privacy advocates, who said the law hadn’t kept up with changes in technology. But neither has people’s knowledge kept up with changes in law.

“Effectively, does (the 2014 ruling) have a big impact? No,” said Sonoma County-based defense attorney Izaak Schwaiger. “People still don’t know they don’t have to cooperate.”

If a police officer or deputy asks someone to unlock their smartphone in order to take a look and the person complies, then no warrant is needed as the person has consented to being searched.

Sonoma County Public Defender Kathleen Pozzi said a common refrain police often ask her clients is “you don’t mind that I search your phone now since you’ve done nothing wrong?”

Body cameras worn by officers help in determining whether people have actually given consent to warrantless smartphone searches, Pozzi said.

While she still has concerns about police improperly accessing personal information on people’s mobile devices, the Supreme Court ruling was a “big win,” Pozzi said.

Before 2014 “it was very common” for police to search data, pictures and texts on people’s phones without first proving probable cause that a crime was committed.

Sonoma County sheriff’s spokesman Sgt. Spencer Crum acknowledged deputies can access personal information on mobile devices with consent.

“Is it routinely done? No,” Crum said.

The general rule deputies operate under is simple, he said: No warrant, no search.

While law enforcement can obtain a warrant to seize and search a mobile device, people do not have to provide pass codes, Schwaiger said. If authorities want the data they have to try to crack it themselves, he said.

But it’s different with smartphones unlocked with thumbprints, Schwaiger said. Police can obtain warrants to use “the reasonable amount of force necessary” to unlock the device - typically handcuffs and a thumb forced on the “start” button, he said.

UPDATED: Please read and follow our commenting policy:
  • This is a family newspaper, please use a kind and respectful tone.
  • No profanity, hate speech or personal attacks. No off-topic remarks.
  • No disinformation about current events.
  • We will remove any comments — or commenters — that do not follow this commenting policy.