These days, it seems like many people prefer texting over making a phone call. Smartphones have made texting easier than ever, and people will also send messages through many social media platforms, such as Facebook, Instagram, Reddit or WhatsApp. These direct messages allow people to communicate on their own timeframe, rather than having to answer a call whenever it comes in.
As such, if someone is arrested for a crime, the police may be interested in reading their text messages to see if they present any evidence regarding their guilt or innocence. If you find yourself in this position, are the police allowed to open your phone and read those messages?
The use of a search warrant
The police may ask for your consent to look at your phone or for you to unlock the device. They cannot force you to do so, but they want you to agree and do it voluntarily.
If you do not give consent, then they usually need to get a search warrant. If a judge authorizes this warrant, the police can legally order you to unlock the phone. This should give them access to the text messages on your device.
One key thing to remember is that they can sometimes serve a search warrant to the entity that is in control of those messages. For instance, there was a case where police wanted to read direct messages sent on Facebook. Rather than serving the warrant to the people involved, they served that warrant to Facebook, which turned over the records.
Legally obtained evidence
It is very important for the police to legally obtain evidence in a criminal case, and that evidence can be tossed out if they do not follow proper procedures. Consider this carefully while looking into your legal defense options after an arrest.