If you’re like most people, your smartphone holds a ton of your personal information. You probably don’t want your family, friends or co-workers searching through your phone, much less the police.
But, do you have the right to refuse an officer’s request to swipe through your phone and search your photos, emails or text messages? In Ohio, you do.
Officers aren’t shy about asking to take a peek
In general, the police operate on the theory that “it can’t hurt to ask,” when they go fishing for information. Whether out of ignorance or intimidation, a lot of people will consent to searches that would otherwise be illegal under the Fourth Amendment.
Do not fall for this tactic. If you’ve been stopped by the police for any reason, whether that’s at a traffic stop or on the street, you have no obligation to open your phone for the police. There are some limited exceptions to this rule, but the authorities generally need a warrant if they want to force you to open your screen.
Since there are limited exceptions to the warrant rule, however, you should also be proactive about protecting your privacy. This means using a non-obvious PIN or a good password to keep your phone’s screen locked. If you have anything on your phone you’re especially concerned about keeping private, you may want to consider encrypting your data. That can give you additional protections in case of police overreach.
If the police violate your rights and proceed to search your phone without due process, do not resist or attempt to stop them. With the right legal help, you can fight back when you get to court.