Don’t Give the Police Your Cell Phone

If the police bring you to the station for questioning, leave your cell phone behind.

Many people don’t realize that police routinely seize phones during questioning, not because they have a warrant or probable cause at the time, but because they hope to either convince you to agree to a search or develop probable cause later during their conversation with you.

Bringing your phone to the station is one of the biggest mistakes you can make. Here’s why:

1. The Police Will Try to Take Your Phone

If you bring your phone to a police station, there is a high chance they will take it.

✔ They do NOT need a warrant to seize it initially—only to search it.
✔ They may hold it as "evidence" while they seek a search warrant.
✔ Even if you refuse to unlock it, they can still attempt to break into it later.

❌ Do NOT assume they need permission to take your phone. If it’s in your possession at the station, they’ll find a way to justify keeping it.

2. Your Phone Is a Goldmine of Information for the Police

Your phone contains everything about your life—messages, call logs, locations, photos, social media, financial records, and even deleted data.

✔ Even innocent messages or photos can be taken out of context.
✔ Location data can place you at the wrong place at the wrong time.
✔ Contacts and call logs can make you look connected to people under investigation.

❌ Do NOT think deleting messages will protect you—police forensic tools can recover deleted data.

3. The Police Will Try to Trick You Into Unlocking It

Even if they don’t have a warrant, officers are trained to pressure you into giving up access.

✔ They might say, "Just unlock it so we can verify your alibi."
✔ They may falsely claim, "If you have nothing to hide, why won’t you let us look?"
✔ Some officers have even been known to physically press a suspect’s thumb against the phone’s fingerprint scanner.

❌ Do NOT voluntarily unlock your phone or give them your passcode. Once you do, you have waived your Fourth Amendment rights.

4. They Can Develop Probable Cause AFTER Taking Your Phone

Even if they have no evidence against you at first, they may try to convince you that the burden is on you to prove your innocence and that if you were truly innocent then you would let them search your phone. They may also hope that they can find or develop evidence against you during the ensuing investigation or based on something you say later—even if it’s unrelated to why they brought you in.

✔ Officers often seize phones in the hope of finding something useful later.
✔ If they seize your phone, they often hold it while they look for a reason to keep it. It’s always easier for them to justify the seizure after the fact, than actually get a warrant to seize the phone.
✔ If they find anything remotely suspicious, they may use it to justify an arrest or further investigation.

❌ Do NOT assume that because you haven’t committed a crime, your phone is safe. Police will look for ANY reason to use it against you.

5. What Should You Do?

If the police ask you to come in for questioning:

✔ Leave your phone with someone you trust before going to the station.
✔ If they ask where your phone is, simply say: "I don’t have it with me."
✔ If they try to take it, say: "I do not consent to any searches."
✔ If they already have it, call a lawyer immediately.

❌ Do NOT bring your phone into the station thinking you can just say no. If they have it, they WILL try to keep it.

Final Advice: Protect Yourself, Leave Your Phone Behind

✔ NEVER bring your phone to a police station if they ask you to come in for questioning.
✔ If you must bring it, turn it off and do not unlock it for them.
✔ If the police seize your phone, call an attorney immediately.

If law enforcement has taken your phone or is asking to question you, call Benzaken, Maguire, Sheehan & Wood, LLP immediately at (508) 897-0001. Your rights and privacy are at stake.