Can the police make me unlock my phone?
Just about everyone has a smartphone or a cell phone these days. You likely carry it with you everywhere you go and have a lot of data, information, and pictures stored on it. Given this reality, it makes you wonder, can the police make me unlock my phone?
If you’re ever arrested or convicted of a crime or other legal charge then you’ll want to know your rights and what the police can and can’t do. Here you can get answers to your questions such as can the police get into a locked iphone uk and how long can police keep your phone for investigation.
Can the Police Unlock & Search Your Phone without Permission?
The police have the power to stop and question someone anytime they want. However, you have rights and if you don’t feel comfortable answering them or speaking to the police then you don’t have to. Also, keep in mind that the police need reasonable grounds to search you and your belongings, such as if you’re carrying anything illegal like weapons or drugs.
Therefore, in most situations, the police cannot stop you and make you unlock your phone to search it. If you don’t feel comfortable or don’t want to unlock your phone for the police then it’s important to understand that you don’t have to do so.
Exceptions for the Police Being able to Search Your Phone
Given this, you may be wondering if there are any exceptions the police can impose or use to search your phone and if they can get into a locked iphone. There may be instances where the police can legally unlock and search your phone if they believe you’re involved or connected to acts having to do with terrorism or child sex offence laws, for example.
Keep in mind they can also stop you to search your phone if they believe the phone you’re carrying has been stolen. The police might obtain a search warrant as well and then the phone may be seized and searched if they believe there is information on it pertaining to the case.
How Long Can the Police Keep Your Phone for Investigation?
Under Section 22 of the Police and Criminal Evidence Act 1984 (PACE), the police have the legal power to seize property, such as a phone, if they think it is relevant to an investigation. The reality is that your phone can be held until it’s no longer needed for the investigation or the investigation concludes. They may even hold onto it after you’re released and not give it back to you until you are charged or the case is dropped.
Do you need help with the Police searching your phone?
If you have questions or concerns about the police being able to unlock your phone or if they have and you believe have done so unlawfully, you should contact our team at JD Solicitors right away for legal advice. Our criminal defence lawyers are experienced and skilled in this area and can advise you on the next steps or represent you if you have a case.
Get in touch today to learn more about our services or schedule a consultation.
