During a criminal case, police often gather evidence from digital sources. This may mean that they want to conduct a search of a person’s cellphone.
As with a search of real estate or other physical property, it often takes a search warrant to compel someone to unlock their device. The police cannot force someone to unlock their phone to conduct the search without getting the warrant first.
However, under the Third-Party Doctrine, the authorities can sometimes subpoena other companies or entities that have access to that same information. This can allow them to get the evidence they seek even without a search warrant.
Voluntarily sharing information
Under the Third-Party Doctrine, when a person voluntarily shares information with another party, it reduces their expectation of privacy.
For example, perhaps the police want to look at your location data on your phone to find out if you were near the scene of a crime. Even if they cannot get a search warrant for your device, perhaps you use a rideshare app to have a car sent to your location, and you shared your location data with that company. The police may be able to get the information from the rideshare company, even if they never unlock your phone.
A similar example is if you use a social media app to send messages to another individual. Even when the police cannot unlock your phone, they may be able to get a record of these messages from the tech company that owns the app that you used.
It is very important to carefully consider how you use your cellphone and who has access to your information. During a criminal case, be sure you are well aware of all of your rights and defense options.
