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.
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