Mostly, you don’t have to let the police access your phone without a warrant. But that right doesn’t apply at US borders. And biometric locks are a gray area.
In our digital age, no item has the potential to reveal more about us than our smartphones. After snooping through messages, social media, and other surprising things smartphones track, a total stranger would have a complete picture of your life. For this reason, most smartphone owners keep their phones locked. But what happens when the stranger demanding to see your phone is a police officer, FBI agent, or other government official? Whether or not you’ve done anything wrong, you should never give police or other law enforcement your phone unless they can produce a warrant.
It’s a common misconception that, if you have nothing to hide, you should cooperate with the police. But that’s a dangerous notion, and it’s the reason the Fifth Amendment to the U.S. Constitution exists. You’re probably familiar with the clause of the Miranda rights which states, „Anything you say can and will be used against you in a court of law.“ That’s a promise, not a possibility, and it extends to any information collected from you, including a search of your phone. For example, a random selfie could place you at the scene of a crime you didn’t know was happening. Handing an officer your phone could be legally misconstrued as permission to search it. For instance, handing police your digital ID in Apple Wallet could be construed as consent to read your text messages. Thankfully, you have a constitutional right not to have your phone searched unless a warrant is issued for it. There are major exceptions, though, especially if your phone has a biometric lock, or if you’re at a U.
