Cops can search mobile phones—only if they’re not password-protected

In Canada....


A provincial appeals court in Canada has ruled that police can search the mobile phone of an arrested person only if there is no password on that phone. With a digital locking mechanism, however, officers must get a warrant.

“In this case, it is significant that the cell phone was apparently not password protected or otherwise ‘locked’ to users other than the appellant when it was seized,” the Court of Appeal for Ontario, wrote in its unanimous decision. “Furthermore, the police had a reasonable belief that it would contain relevant evidence.”

For the US....

Use a password

In the United States, there is no national standard concerning how much protection a mobile phone password gives someone after they’ve been arrested. This Toronto case seems most similar to a 2011 decision from the California Supreme Court, which ruled that police do have the right for warrantless search of a phone during an arrest.

In short, password-protect your phone and know your rights. The Electronic Frontier Foundation puts it this way:

After a person has been arrested, the police generally may search the items on her person and in her pockets, as well as anything within her immediate control. This means that the police can physically take your cell phone and anything else in your pockets. Some courts go one step further and allow the police to search the contents of your cell phone, like text messages, call logs, emails, and other data stored on your phone, without a warrant. Other courts disagree, and require the police to seek a warrant. It depends on the circumstances and where you live.


[link to arstechnica.com]