Do I Have to Unlock My Phone or Computer for Police?

 Posted on March 26, 2025 in Criminal Defense

If law enforcement believes you have committed a crime, they may have seized your cell phone and/or computer. In today’s world, these devices are much more than communication or work devices. Our phones and computers are full of personal, sensitive information – which is why they have become a cornerstone of many federal investigations.

Warrants for cell phone and computer evidence are most often sought in child pornography cases, as well as for many white-collar crimes, including embezzlement, money laundering, and health, insurance, and mortgage fraud. If you are facing federal charges and your cell phone or computer has been seized, it is important that you speak to an experienced Anderson County, TN federal crimes attorney as quickly as possible.  

When Can a Personal Phone or Computer Be Searched?

If you are arrested on suspicion of a federal crime, the police cannot search the data on your phone or computer without a warrant unless you consent to the search. Your phone and computer can also be lawfully searched without a warrant if you happen to be on probation or parole.

A search warrant must be based on probable cause and must clearly specify the information being searched for. That is, law enforcement must have a reasonable belief that there is something on your electronic devices that relates to your current charges and will provide evidence to back up those charges.  

Do I Legally Have to Unlock My Phone or Computer?

Whether or not you might be required to unlock your phone or computer depends on several factors. In 2018, an FBI agent forced a suspect to reveal his face to unlock his iPhone, a tactic that was upheld by the courts. Although the Fifth Amendment protects us against self-incrimination, it is important to differentiate between testimonial and non-testimonial acts. Only testimonial acts are protected under the Fifth Amendment, while nontestimonial acts do not require an individual to "reveal the contents of a person’s mind."

Nontestimonial acts include taking part in a lineup, furnishing a urine, blood, or DNA sample, being photographed, and providing fingerprints or a handwriting sample. The way you choose to lock your cellphone makes the difference in whether you could be required to unlock it. You can be forced to unlock your phone by a nontestimonial act, which includes fingerprint ID and facial recognition. You cannot be forced to unlock your phone through a testimonial act, which includes a passcode, password, or pattern lock.

As confusing as this sounds, unlocking your phone with a passcode or password demonstrates that you know what that information is, making it a testimonial and, therefore, unlawful. However, your knowledge is not disclosed when the police hold your phone in front of your face or force you to place your finger or thumb on a sensor. Obviously, once law enforcement unlocks your phone, they will keep it unlocked by having their tech people change the settings.   

Once Your Phone or Computer is Seized, What Can an Attorney Do?

An attorney can challenge the legality of the phone or computer seizure on the basis of any of the following:

• There was no warrant.
• The warrant was overly broad or based on unreliable information.
•  Law enforcement exceeded the scope of the warrant.

If evidence seized from the device could harm your defense, an attorney could potentially file a motion to suppress the information based on:

• The evidence was obtained in a manner that violated your right to privacy.
• There is a chain of custody issue regarding how the information was handled or transferred.
• You requested an attorney but were denied the right to consult with legal counsel.
• Forensic procedures were not properly followed when the evidence was collected or analyzed.

Contact a Union County, TN Federal Crimes Attorney

Being charged with a federal crime is extremely serious. The best step you can take is to contact a Knox County, TN federal crimes lawyer from Jeffrey Coller, Knoxville Criminal Defense Attorney. Our attorneys will aggressively defend your rights and your future. Call 865-281-1000 today to schedule a free consultation.