In many criminal cases, cellphones can provide a wealth of potential evidence. Police officers may want to search someone’s phone and look at their pictures and videos, text messages, internet search history or location data, just to name a few examples.
Generally speaking, officers either need to get consent from the owner of the cellphone, who will then unlock it for them, or they need to get a search warrant. Without a warrant, they are prohibited from forcing the owner to unlock the device.
However, the third-party doctrine means that they may also be able to get evidence from other sources.
Shared information
The thing to remember is that a lot of information on a cellphone is voluntarily shared with other parties. Location data may be provided to certain apps. Social media companies may have a record of direct messages or posts. Cloud service companies may back up important pictures and videos.
When this information is voluntarily shared with a third party, it can reduce the expectation of privacy. Investigators can often then approach these companies to get the evidence they seek. For instance, even if the owner of a cellphone will not unlock the device and show their direct messages, a social media company may turn over a record of those messages to law enforcement.
Criminal defense options
In the internet age, evidence can be very complex, as can the procedures surrounding the collection of that evidence and the building of a case. Those who are facing charges need to be well aware of their rights and their criminal defense options as they move forward.