Dana Point, CA asked in Criminal Law and Juvenile Law for California

Q: Are the police able to get onto my phone without my passcode? What are they allowed to look at?

I was arrested and charged with two felonies a few days ago. I am a 17 year old girl and it is my first offense. I was charged with conspiracy and possession of stolen property. The police took my Apple phone and have it as evidence but their is a passcode on it. I have two questions. The first is: Are they even able to get onto my phone without my passcode? and the second question is: What are they allowed to look through? Everything or only conversations between me and the three other people involved in the crime?

Related Topics:
2 Lawyer Answers

A: The police will not be able to go through your cell phone without a search warrant issued by a Judge. If they obtain one everything on your phone will be accessible to them. You should consult with an experienced criminal defense attorney immediately.

Andy Chen agrees with this answer

A: Generally, a warrant is required to access a cellular phone here in California. Once they get a warrant to search the phone, they can look at anything that leads to evidence in their case or evidence of a crime.

Andy Chen agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.