When Can the Police Search Your Phone and Computer?
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.
Go here to read the rest:
When Can the Police Search Your Phone and Computer?
- Duke students and faculty push the university to become a fourth amendment campus as ICE presence grows - Times of India - December 10th, 2025 [December 10th, 2025]
- FPUA OKs fourth amendment for island-to-mainland wastewater shift - Hometown News Treasure Coast - November 30th, 2025 [November 30th, 2025]
- Biometric Surveillance and the Fourth Amendment - Law.com - November 28th, 2025 [November 28th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - Live 5 News - October 19th, 2025 [October 19th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WDTV 5 - October 19th, 2025 [October 19th, 2025]
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- Supreme Court to hear arguments in case tied to Fourth Amendment - WCTV - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox10tv.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WABI - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - fox8live.com - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WSAZ - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAVE News - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - WAFB - October 17th, 2025 [October 17th, 2025]
- Supreme Court to hear arguments in case tied to Fourth Amendment - KY3 - October 17th, 2025 [October 17th, 2025]
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- Treasury Department surveillance at the southern border faces Fourth Amendment challenges - Reason Magazine - October 9th, 2025 [October 9th, 2025]
- Commentary: The Fourth Amendment will no longer protect you - The Daily Gazette - October 4th, 2025 [October 4th, 2025]
- Establishment Labs Holdings Inc. Enters into Fourth Amendment to Credit Agreement and Guaranty with Oaktree Fund Administration, LLC - MarketScreener - October 4th, 2025 [October 4th, 2025]
- The Fourth Amendment and Immigration Raids: Whats the Law After The Supreme Courts Shadow Docket Ruling? - Stanford Law School - September 25th, 2025 [September 25th, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years - Yahoo - September 21st, 2025 [September 21st, 2025]
- 'Against The Principles Of The Fourth Amendment' 80,000 AI Cameras Track Americans Daily As CEO Claims He Can Eliminate All Crime In 10 Years -... - September 19th, 2025 [September 19th, 2025]
- The Supreme Court erased the Fourth Amendment by OKing Trumps immigration sweeps - MSNBC News - September 17th, 2025 [September 17th, 2025]
- Listen: Ali Velshi Explains How The Supreme Court Punched a Hole in The Fourth Amendment - The Philadelphia Citizen - September 17th, 2025 [September 17th, 2025]
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- North Carolina city declares itself a Fourth Amendment Workplace amid immigrant fears - Greensboro News and Record - September 9th, 2025 [September 9th, 2025]
- Prof Brandon Garrett reviews Orin Kerrs The Digital Fourth Amendment Lawfire - Sites@Duke Express - September 6th, 2025 [September 6th, 2025]
- Short Circuit 389 | On Walden Fourth Amendment - The Institute for Justice - August 18th, 2025 [August 18th, 2025]
- Trump's Immigration Crackdown Imperils the Fourth Amendment Rights of U.S. Citizens - Reason Magazine - August 6th, 2025 [August 6th, 2025]
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- ICE detainee to appear in Missoula court arguing about violation of Fourth Amendment and racial profiling - FOX 28 Spokane - July 12th, 2025 [July 12th, 2025]
- The Fourth Amendment and Sport: Holding, Offsides, and Illegal Contact Dont Always Happen on the Field of Play - The National Law Review - June 24th, 2025 [June 24th, 2025]
- Listen for Free to the First Hour of "The Digital Fourth Amendment" - Reason Magazine - June 20th, 2025 [June 20th, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Yahoo - May 22nd, 2025 [May 22nd, 2025]
- New Montana Law Blocks the State From Buying Private Data To Skirt the Fourth Amendment - Reason Magazine - May 19th, 2025 [May 19th, 2025]
- Revised Version of "Data Scanning and the Fourth Amendment" - Reason Magazine - May 15th, 2025 [May 15th, 2025]
- Fourth Amendment lawsuit: Michigan man claims officials tricked him into waiving rights - MLive.com - May 15th, 2025 [May 15th, 2025]
- Border Patrol to retrain hundreds of California agents on how to comply with the Fourth Amendment - Stocktonia - April 16th, 2025 [April 16th, 2025]
- Two women sue police officer, City of Reno for alleged Fourth Amendment violations - This Is Reno - March 15th, 2025 [March 15th, 2025]
- New Draft Article: "Data Scanning and the Fourth Amendment" - Reason - March 15th, 2025 [March 15th, 2025]
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- Geofencing, High Tech Surveillance and the Future of the Fourth Amendment - Law.com - March 9th, 2025 [March 9th, 2025]
- Justices Sotomayor and Gorsuch on the Fourth Amendment and Misdemeanor Arrests - Reason - February 25th, 2025 [February 25th, 2025]
- The Why Behind the Fourth Amendment Makes One Appreciate the Need, by Matthew Mangino - Creators Syndicate - February 25th, 2025 [February 25th, 2025]
- City of La Crosse settles lawsuit involving three police officers over alleged Fourth Amendment violation - News8000.com - WKBT - February 25th, 2025 [February 25th, 2025]
- Loopholes, DNA Collection and Tech: Does Your Consent as a User of a Genealogy Website Override Another Persons Fourth Amendment Right? - Law.com - February 5th, 2025 [February 5th, 2025]
- Daytona Beachs AI surveillance threatens Fourth Amendment rights - The West Volusia Beacon - February 1st, 2025 [February 1st, 2025]
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- US DOJ Report on Mt. Vernon Police Department Finds highly intrusive strip searches were a gross violation of the Fourth Amendment on an enormous... - December 25th, 2024 [December 25th, 2024]
- Permissibility of Cross-Border Share Swap: Understanding the Fourth Amendment of the NDI Rules and its Implications - SCC Online - November 23rd, 2024 [November 23rd, 2024]
- Does the Fourth Amendment protect smartphone users? - Lewiston Morning Tribune - October 12th, 2024 [October 12th, 2024]
- The Fourth Amendment shouldn't stop once you get up to drone level: Albert Fox Cahn - Fox Business - September 21st, 2024 [September 21st, 2024]
- The Reasonableness of Retaining Personal Property Post-Seizure and the Ascendancy of Text, History, and Tradition in Fourth Amendment Jurisprudence -... - September 21st, 2024 [September 21st, 2024]
- Gujarat's Proposes Fourth Amendment To Net Metering Regulations For Rooftop Solar Systems Up To 100 KW - SolarQuarter - July 26th, 2024 [July 26th, 2024]
- Nearly 96% of Private Property Is Open to Warrantless Searches, New Study Estimates - Reason - March 15th, 2024 [March 15th, 2024]
- Heres what to do (and not do) if you get pulled over in California. What are my rights? - Yahoo Movies Canada - December 12th, 2023 [December 12th, 2023]
- FBI Seized $86 Million From People Not Suspected Crimes. A Federal Court Will Decide if That's Legal. - Reason - December 12th, 2023 [December 12th, 2023]
- Digital justice: Supreme Court increasingly confronts law and the internet - Washington Times - December 12th, 2023 [December 12th, 2023]
- MCHS goes on lockout after weapons found on campus - Mineral County Independent-News - November 19th, 2023 [November 19th, 2023]
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- Ron Wyden, U.S. Senator from Oregon The Presidential Prayer ... - The Presidential Prayer Team - November 19th, 2023 [November 19th, 2023]
- Bill Maher Slams Critics of the West Amid Israel Conflict: Marginalized People Live Better Today Because of Western Ideals (Video) - Yahoo... - November 5th, 2023 [November 5th, 2023]
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- Senators Katie Britt and John Kennedy Call for Investigation into ... - Calhoun County Journal - October 15th, 2023 [October 15th, 2023]
- Trump and Section 3 of the Fourteenth Amendment: An Exploration ... - JURIST - October 15th, 2023 [October 15th, 2023]
- Expert Q&A with David Aaron on FISA Section 702 Reauthorization ... - Just Security - October 15th, 2023 [October 15th, 2023]
- A Constitution the Government Evades - Tenth Amendment Center - October 15th, 2023 [October 15th, 2023]
- Imagine If Feds Hunted More Real Terrorists, Not Conservatives - The Federalist - October 15th, 2023 [October 15th, 2023]
- Lake Orion Voters Could Decide Removing TIF Funding for ... - Oakland County Times - August 24th, 2023 [August 24th, 2023]