There are many different types of digital evidence that can be used in modern criminal cases. This could include text messages, call logs, pictures, videos, location data and even a person’s search history.
To search for these types of evidence, the police often want to look on a person’s phone. Below are three ways that they can do this legally.
Asking for consent
The first step that many police officers will take is simply to ask a person to unlock their phone so that they can conduct a search. If you are being arrested, remember that you do not have to give consent. A police officer cannot force you to unlock your phone for them to carry out a search.
Getting a search warrant
If you do refuse, however, the police may then move forward with a search warrant. They have to demonstrate that there is probable cause to search your device, and the warrant can then be authorized by a judge. They no longer need your consent.
By asking a third party
Finally, remember that not all of your data is as private as you may assume. Pictures and videos could be backed up on the cloud. Certain types of information may have been shared on social media. For instance, there was a case where investigators wanted to see the records of direct messages sent between two individuals, so they asked Facebook for those messages, which the company turned over.
If the police do not conduct a search legally, it may mean that they cannot use the evidence that they have gathered in your court case. That is why it is important to know how these searches work and what legal defense options you have.