First off, if the police have seized your phone in Pennsylvania or New Jersey, call us at Scarpello & LaTour! Second, don’t give them the pass code. The police cannot force you to unlock your phone, no matter what they might say.
The police need a search warrant to search your phone, and even if they get the warrant, the warrant does not mean you have to provide your pass code. The key case is Commonwealth v. Davis, 220 A.3d 534 (Pa. 2019). Police had a warrant for a suspect's computer but couldn't get past its encryption, so prosecutors asked a court to order him to reveal the password. The Pennsylvania Supreme Court said no. It reasoned that: - Disclosing a password requires you to use the contents of your mind, which makes it testimonial under the Fifth Amendment.
Now Davis only deals with pass codes, it does not deal with fingerprint or facial ID that might unlock your phone. For now, you best best to protect your phone from the police is to use a pass code or password.
PRACTICAL TAKEAWAYS 1. You can decline to give a passcode or unlock your phone. 2. Say clearly and calmly: "I do not consent to a search of my phone, and I want to speak to a lawyer." 3. Don't physically resist. Contest it later in court.
If you have been arrested in Pennsylvania or New Jersey or if the police want to search or have seized you phone, call Scarpello & LaTour right now! We are here 24/7 and will fight to protect your rights.