May the police search or unlock my phone?
The police demand your phone, want to search it or the unlock code? That is a delicate moment, but you have rights. Important up front: you generally do not have to hand over your PIN or password.
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What you should do now
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1. Stay calm, do not unlock
You do not have to voluntarily unlock your phone or state the code. Say that calmly and politely.
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2. Ask for the legal basis
Ask whether a court order exists or what the measure is based on. Have the reason and the officer's badge number given to you.
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3. Do not prevent the seizure
If they want to take the device (seize it), do not resist physically. Object to the measure verbally, which preserves your rights for later.
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4. Get advice afterward
After the situation: note down the process and seek legal advice. Usability depends on the lawfulness of the measure.
Frequently asked questions
Do I have to give the police my phone PIN?
In principle no. From the right not to have to incriminate yourself it follows that you do not have to hand over your unlock code or your password. No one may force you to actively cooperate.
May the police simply search my phone?
A search of the data generally requires a court order; only exceptionally without one in cases of imminent danger. The police may seize the device under the conditions of § 94 StPO. Object to the measure verbally and seek advice afterward.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.