Your computer, phone, and other digital devices hold vast amounts of personal information about you and your family. This sensitive data is worth protecting from prying eyes, including those of the government.
The Fourth Amendment to the U.S. Constitution protects you from unreasonable government searches and seizures, and this protection extends to your computer and portable devices. But how does this work in the real world? What should you do if the police or other law enforcement officers show up at your door and want to search your computer?
EFF has designed this guide to help you understand your rights if officers try to search the data stored on your computer or portable electronic device, or seize it for further examination somewhere else. Keep in mind that the Fourth Amendment is the minimum standard, and your specific state may have stronger protections.
Because anything you say can be used against you in a criminal or civil case, before speaking to any law enforcement official, you should consult with an attorney. Remember generally the fact that you assert your rights cannot legally be used against you in court. You can always state: "I do not want to talk to you or answer any questions without my attorney present." If they continue to ask you questions after that point, you can say: "Please don't ask me any further questions until my attorney is present." And if the police violate your rights and conduct an illegal search, often the evidence they obtain as a result of that search can't be used against you.
We've organized this guide into three sections:
If you consent to a search, the police don't need a warrant.
The most frequent ways police are able to search is by asking you for permission. If you say "yes" and consent to the search, then police don't need a warrant. You can limit the scope of that consent and even revoke or take it back after the officers begin searching, but by then it may be too late.1 That's why it's better not consent to a searchpolice may drop the matter. If not, then they will generally need to get a search warrant to search.
Law enforcement may show up at your door. Apart from a few exceptions, police need a warrant to enter your home.
The police can't simply enter your home to search it or any electronic device inside, like a laptop or cell phone, without a warrant.
Link:
When Can the Police Search Your Phone and Computer?
- Quinn: Supreme Court should clarify Fourth Amendment rights in the digital age [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fourth amendment | Wex Legal Dictionary / Encyclopedia ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The Fourth Amendment is destroyed by the Roberts led Supreme Court. - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Protections for e-data clear Senate committee [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Weighing The Risks Of Warrantless Phone Searches During Arrests [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Court may let cops search smartphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Supreme Court to hear case on police searches of cellphones [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- Fourth Amendment in the digital age: Supreme Court to decide if police can search cellphones without a warrant [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- What Scalia knows about illegal searches [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Should police be allowed to search your smartphone - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- The Shaky Legal Foundation of NSA Surveillance on Americans [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Pennsylvania Supreme Court rules police don't need warrants to search cars [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Local police: Updated vehicle-search law still requires probable cause [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Liberal Supreme Court Justice Comes To The Defense Of Scalia [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Smartphones and the Fourth Amendment - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Fourth Amendment Defined & Explained - Law [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- I-Team: Do police seek search warrant friendly judges? [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Is Big Brother Listening? Applying the Fourth Amendment in an Electronic Age - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Magistrate waxes poetic while rejecting Gmail search request [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- The Fourth Amendment - Video [Last Updated On: May 10th, 2014] [Originally Added On: May 10th, 2014]
- License reader lawsuit can be heard, appeals court rules [Last Updated On: May 15th, 2014] [Originally Added On: May 15th, 2014]
- Seize the Rojo - Video [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- NSA Spying Has a Disproportionate Effect on Immigrants [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Motorists sue Aurora, police in 2012 traffic stop after bank robbery [Last Updated On: May 18th, 2014] [Originally Added On: May 18th, 2014]
- Judge Says NSA Phone Surveillance Likely Unconstitutional - Video [Last Updated On: May 21st, 2014] [Originally Added On: May 21st, 2014]
- New York Attorney Heath D. Harte Releases a Statement on Fourth Amendment Rights [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- The Fourth Amendment Rights - Video [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Bangor Area School District teachers vote no to random drug [Last Updated On: May 24th, 2014] [Originally Added On: May 24th, 2014]
- I Don't Care About The Contitution, Take Your Fourth Amendment And Shove It The Hills Hotel - Video [Last Updated On: May 27th, 2014] [Originally Added On: May 27th, 2014]
- Lonestar1776 at Illegal Checkpoint 80 Miles Inside Border - Standing UP & Pushing Back! pt 2/2 - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Suit charges Daytona Beach's rental inspection program violates civil rights [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- 4th Amendment - Laws.com [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- YOU CAN ARREST ME NOW (cops refuse, steal phone) - Video [Last Updated On: September 7th, 2014] [Originally Added On: September 7th, 2014]
- The Feds Explain How They Seized The Silk Road Servers [Last Updated On: September 8th, 2014] [Originally Added On: September 8th, 2014]
- Volokh Conspiracy: Does obtaining leaked data from a misconfigured website violate the CFAA? [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Defence asks judge in NYC to toss out bulk of evidence in Silk Road case as illegally obtained [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Family of a mentally ill woman files lawsuit against San Mateo Co. after deadly shooting [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Minnesota Supreme Court upholds airport drug case decision [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Law Talk - Obamacare Rollout; Fourth Amendment, NSA Spying Stop & Frisk DUI Check Points lta041 - Video [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Volokh Conspiracy: The posse comitatus case and changing views of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Guest: Why the privacy of a public employees cellphone matters [Last Updated On: September 16th, 2014] [Originally Added On: September 16th, 2014]
- Volokh Conspiracy: Apples dangerous game [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Judge expounds on privacy rights [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Great privacy essay: Fourth Amendment Doctrine in the Era of Total Surveillance [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- The Fourth Amendment By Maison Erdman - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Volokh Conspiracy: When administrative inspections of businesses turn into massive armed police raids [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- The chilling loophole that lets police stop, question and search you for no good reason [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Pet Owners Look to Muzzle Police Who Shoot Dogs [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Volokh Conspiracy: A few thoughts on Heien v. North Carolina [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Volokh Conspiracy: Third Circuit on the mosaic theory and Smith v. Maryland [Last Updated On: October 1st, 2014] [Originally Added On: October 1st, 2014]
- Volokh Conspiracy: Third Circuit gives narrow reading to exclusionary rule [Last Updated On: October 2nd, 2014] [Originally Added On: October 2nd, 2014]
- Volokh Conspiracy: Supreme Court takes case on duration of traffic stops [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure, Racial Bias: The American Law Journal on the Philadelphia CNN-News Affiliate WFMZ Monday, October 6 ... [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Argument preview: How many brake lights need to be working on your car? [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- The 'Barney Fife Loophole' to the Fourth Amendment [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Search & Seizure: A New Fourth Amendment for a New Generation? - Promo - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Ap Government Fourth Amendment Project - Video [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- Lubbock Liberty Workshop With Arnold Loewy On The Fourth Amendment - Video [Last Updated On: October 5th, 2014] [Originally Added On: October 5th, 2014]
- Feds Hacked Silk Road Without A Warrant? Perfectly Legal, Prosecutors Argue [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Supreme Court Starts Term with Fourth Amendment Case [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Argument analysis: A simple answer to a deceptively simple Fourth Amendment question? [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Feds Say That Even If FBI Hacked The Silk Road, Ulbricht's Rights Weren't Violated [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Mass Collection of U.S. Phone Records Violates the Fourth Amendment - Video [Last Updated On: October 9th, 2014] [Originally Added On: October 9th, 2014]
- Leggett sides with civil liberties supporters [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Search & Seizure / Car Stops: A 'New' Fourth Amendment for a New Generation? - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- The Fourth Amendment- The Maininator Period 4 - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Judge nukes Ulbricht's complaint about WARRANTLESS FBI Silk Road server raid [Last Updated On: October 11th, 2014] [Originally Added On: October 11th, 2014]
- Montgomery County will not hold immigrants without probable cause -- Gazette.Net [Last Updated On: October 13th, 2014] [Originally Added On: October 13th, 2014]
- Debate: Does Mass Phone Data Collection Violate The 4th Amendment? [Last Updated On: October 14th, 2014] [Originally Added On: October 14th, 2014]
- Does the mass collection of phone records violate the Fourth Amendment? [Last Updated On: October 19th, 2014] [Originally Added On: October 19th, 2014]
- Supreme Court to decide if cops can access hotel registries without warrants [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Third Circuit Allows Evidence from Warrantless GPS Device [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- US court rules in favor of providing officials access to entire email account [Last Updated On: October 24th, 2014] [Originally Added On: October 24th, 2014]
- EL MONTE POLICE OFFICER VIOLATES ARMY VETERAN'S FOURTH AMENDMENT RIGHT - Video [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- FBI demands new powers to hack into computers and carry out surveillance [Last Updated On: October 30th, 2014] [Originally Added On: October 30th, 2014]
- Fourth Amendment (United States Constitution ... [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fourth Amendment - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Call Yourself a Hacker and Lose Fourth Amendment Rights - Video [Last Updated On: November 5th, 2014] [Originally Added On: November 5th, 2014]
- Volokh Conspiracy: Magistrate issues arrest warrants for 17 years but is new to probable cause [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- The Fourth Amendment of the U.S. Constitution - Video [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]