If you have been accused of a white-collar crime, such as fraud or certain financial and internet-based crimes, it is very common that the police would want to search your computer. This could be your personal laptop computer, a desktop you use at work or another device.
Often, the police either need to get your consent to search that device or they need to get a valid search warrant in advance. They typically cannot force you to unlock your computer—or your phone—by typing in a password so that they can view your files. They need to get a search warrant for the device itself, unless you give them consent to conduct the search.
Some search exceptions do not apply to devices
In many cases, police need a search warrant to conduct any type of search, whether they are searching a person’s home or their personal belongings. But there are some exceptions.
For instance, if someone has been arrested on suspicion of committing an armed robbery and they are carrying a bag at the time of the arrest, the police may have a valid reason to search that bag without getting a warrant. They can say that it was a threat to their safety. It may have contained a weapon.
But if the suspect had a laptop computer in their bag, this exception does not apply to the device. Because it does not pose a threat to the officers or to the public, there is no safety component. The police need to take their time, follow proper procedures and get a valid warrant.
Your defense options
If you believe that the police may have illegally searched your devices while gathering evidence, it can sometimes invalidate the evidence that they found. It is important to understand how this can affect the case and exactly what white-collar crime defense options you have.