Law enforcement may request that you unlock your phone after an arrest. It could contain useful information that could be used to incriminate you. Supplying them with the password or access could, as a result, jeopardize your case or increase your bail amount. The following guide explores your rights under these circumstances. 

When to Surrender a Phone 

The Fourth Amendment protects all U.S. citizens against unreasonable search and seizure. Unless law enforcement has clear evidence that you’re wanted for a crime, they have no right to take personal belongings. If they confiscate it without asking, you should bring the matter up with a lawyer while out on bail. 

The only time you should hand over the device is when the police have a warrant or are in the process of an arrest. The department requires its officers to demonstrate probable cause before obtaining the right to a search. This means providing facts that prove the phone might help further their case. 

When to Unlock It 

While the police may have your phone, they can’t force you to unlock it without cause. This includes threatening harm, forcefully grabbing your finger, or initiating the biometric scan by holding it up to your face. It’s considered a form of self-incrimination, which is protected against in the Fifth Amendment. However, they can get a warrant to search the contents of the phone, which you should review carefully before complying. There may be specific limits in place that should be upheld and conveyed to your lawyer so that they can know if what the police are doing is within the scope of the law. 

However, refusing to unlock the phone under these circumstances could result in more jail time. The police can file a contempt charge based on your unwillingness to cooperate with their demands. A first offense will result in no more than 30 days in jail and a $250 fine. A second offense can earn you up to 60 days behind bars with a $500 fine, while third and subsequent offenses are no more than 90 days in jail and a $1,000 fine. 

For those looking to post bail, reach out to Bob Shropshire Bail Bonds of Cincinnati, OH. This local bail bondsman is available 24/7 for your convenience. They are family-owned and offer an assortment of payment plans to increase the ease of release. Call (513) 721-3915 to schedule an appointment, or visit their website for additional information on their bail bond services.