The Third Party Doctrine can affect how the police gather evidence from a person’s cellphone or mobile device. Even if officers cannot get the evidence from that device itself, they may be able to obtain it from another entity that has been voluntarily given control over that same information.
For example, say that the police want to confirm that a suspect was near the crime scene when the crime took place. They believe that the location data on the suspect’s phone will give them the evidence they need.
However, the suspect does not give consent to unlock their phone, and the police are unable to secure a search warrant. This means that they cannot legally unlock the device itself.
Who else has that data?
However, perhaps the suspect was using an app that tracked their location. They agreed to this tracking, meaning they voluntarily turned that location data over to the company that made the app, thereby reducing the suspect’s own expectation of privacy.
In a situation like that, the police may be able to approach this third party and subpoena it for the information, even if they never unlocked the device. The same can be true for text messages sent through a third-party app, or for pictures and videos that have been backed up online.
If you are facing serious charges, it is very important to consider what type of evidence the police are looking for and who else may control that evidence. If you have any questions about how the police gathered evidence or what legal defense options you have, an experienced attorney can help.