Not long ago, the shooting that occurred in San Bernardino was making national headlines again when the FBI was demanding Apple give them the passcode to access the shooter’s iPhone. Of course, Apple did not provide the information in order to protect the rights of their customers. Eventually, the FBI found a way and it cost them over $1 million. During an arrest or investigation by the Fort Collins, Loveland, and Estes Park Police, officers will ask a suspect to provide their phone password. We, at the O’Malley Law Office, have a strong opinion about how you should answer that question: NO!
Larimer County Warrant to Access Cell Phone Data: Let the Police Work for the Information
I know it is tempting in the middle of an investigation to cooperate with police, hoping they will go easy on you. We have heard many times that police say that if you give them your device password, they will be sure you get it back sooner. Once you give over your password, you learn that they are lying. The fact is, police officers believe this is a valid investigative tool. The Larimer, Boulder, and Grand County District Attorneys are the ones who review cases to decide charges and the return of evidence – not police. Normally, they want all evidence, like your phone, to remain in police custody throughout the entirety of your case.
What are the Risks for Providing My Cell Phone Password?
If you choose to believe the lie and give the Larimer County Sheriffs your phone password, you could be handing over incriminating evidence. When you voluntarily provide your passcode, you are allowing forensic experts to look at every piece of data and information you have ever had on that phone – even deleted data. You are held responsible for everything found, whether you put it there or not. You could open yourself to other charges, not even related to the original investigation like Child Pornography. The fact is, if law enforcement agents want to access your phone, they will probably find a way. You should not help them. Make them go through the process of getting a warrant. Maybe a judge will find that there isn’t sufficient cause to search your phone. The best way to protect yourself is to remain silent and do not give you cell phone password or any information to police.
If you or someone you love has been contacted by the police about a criminal investigation in Fort Collins, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007. Together, we can protect your future.
Image Source: Pexels-Oliur Rahman