ladbible homepage
ladbible homepage
  • iconNews
  • videos
  • entertainment
  • Home
  • News
    • UK
    • US
    • World
    • Ireland
    • Australia
    • Science
    • Crime
    • Weather
  • Entertainment
    • Celebrity
    • TV
    • Film
    • Music
    • Gaming
    • Netflix
    • Disney
  • Sport
  • Technology
  • Travel
  • Lifestyle
  • Money
  • Originals
    • FFS PRODUCTIONS
    • Say Maaate to a Mate
    • Daily Ladness
    • UOKM8?
    • FreeToBe
    • Citizen Reef
  • Advertise
  • Terms
  • Privacy & Cookies
  • License Our Content
  • About Us & Contact
  • Jobs
  • Latest
  • Archive
  • Topics A-Z
  • Authors
Facebook
Instagram
X
Threads
Snapchat
TikTok
YouTube
Submit Your Content Here
  • SPORTbible
  • Tyla
  • GAMINGbible
  • LADbible Group
  • UNILAD
  • FOODbible
  • UNILAD Tech

Home> News> Crime

Updated 15:49 17 Aug 2023 GMT+1Published 15:47 17 Aug 2023 GMT+1

Lawyer breaks down whether the police can make you unlock your phone

Just in case the info comes in handy one day...

Amelia Jones

Amelia Jones

google discoverFollow us on Google Discover

A lawyer has explained whether or not the police can make you unlock your phone by demanding your password.

TikTok's Street Lawyer (@tiktokstreetlaywer) has already got quite the reputation for giving legal tips to help followers avoid sticky situations in the English legal system.

Posted on 5 May, the clip about mobile phone privacy has had an impressive 31.1K views.

Advert

There is a loophole, though.
Unsplash

In the video, he begins by asking: "Can the police make me unlock my phone by demanding I give them my phone's password?"

First up comes the short answer: "The police cannot physically compel you to unlock your phone," he assures his followers.

But here comes the legal loophole.

He dished out advice on TikTok.
@tiktokstreetlawyer/TikTok

While they can't physically make you unlock your phone, 'they can serve what is known as an s.49 RIPA notice - which potentially has very serious legal complications for failing to comply with the notice - including prison'.

He goes on to explain the two options you have if you don't want to comply and give officers your pin code or password when asked before, during or after a police interview - giving them access to what's arguably people's most private possession.

Police can't physically make you give them your password or pin codes.
Unsplash

Option one is to 'cooperate and give your password and pin codes to the officer'.

Option two: "You can refuse."

He explains that 'there are pros and cons' to each.

The cons of cooperating include revealing potentially 'incriminating messages' which may add to the police case against you.

Or you may simply want to 'protect your privacy'.

The pros of giving them what they've asked for include the fact that whether you comply or not, they'd be able to 'gain access by sending it to an expert' anyway - so there's no point in saying 'no'.

You might also think you can 'eliminate yourself from the investigation if you cooperate'.

It could mean you'll have your phone 'returned to you sooner', or help 'show cooperation' in a trial if you're defending yourself or at sentencing at a later date if you're convicted.

If you refuse you'll have to confirm by 'signing a police pocket notebook' or simply to 'confirm your refusal' in a police interview under caution.

The UK-based lawyer shares free UK legal advice.
TikTok/@tiktokstreetlawyer

So what is the s.49 RIPA notice? Put simply by Street Lawyer, it's 'when the court provides the police the power to demand a password or pin code from you'.

Once the notice is served it becomes 'illegal and a crime' to refuse to disclose the password and pin codes to the police.

If you refuse at that point? "You could be charged under the Regulation of Investigatory Powers Act (RIPA) 2000," he explains.

Being found guilty carries up to two years imprisonment or up to five years if the case involves 'issues of national security or child indecency.'

He warns: "The threat of a custodial sentence is a real one."

There are limited defences to a s.49 RIPA Notice, 'including not knowing the phone's password or pin codes'.

This is known as 'the Manual defence' but has to be 'genuine and stand the test of Police scrutiny - or even a trial if the case gets that far'.

He clarifies in the comment section below that they'll 'attribute the phone to you' and check 'any phone use at the time'.

His final nugget of advice: "Speak to a specialist lawyer for the case you're involved in."

One cynical comment read: "Meh...to make it short - they'll blackmail you into giving them the passwords by threatening to seize it. You only have one option really."

Street Lawyer replied: "In serious cases, all roads lead to one option."

Featured Image Credit: TikTok/tiktokstreetlawyer / Krit of Studio OMG/Getty

Topics: TikTok, News, UK News, Crime

Amelia Jones
Amelia Jones

Recommended reads

'Budget version of the Alps' is named cheapest 2026 summer holiday destinationGetty Stock ImageLisa Kudrow reveals staggering amount Friends stars still make twenty years after show endedReisig & Taylor/NBCU Photo Bank/NBCUniversal via Getty ImagesWoman with no limbs hits back at hate after answering question ‘everyone wants to know’ with husbandInstagram/@no_limbs_Dark truth behind every time you talk to ChatGPT as new 5.5 update releasedGetty Stock

Advert

Choose your content:

10 hours ago
11 hours ago
12 hours ago
13 hours ago
  • Getty Stock
    10 hours ago

    Dark truth behind every time you talk to ChatGPT as new 5.5 update released

    It's not just the robots taking over that we need to be worried about

    News
  • Fox News
    11 hours ago

    Donald Trump makes savage remark about how long marriage with Melania will last in awkward speech

    The commander-in-chief told his wife of more than two decades: "We'll do well, but we're not going to do that well"

    News
  • Jerod Harris/Getty Images
    12 hours ago

    Matilda star Mara Wilson says she found child sexual abuse material made of herself when she was 12 years old

    The actor shot to fame after bagging a role in Mrs Doubtfire when she was just six-years-old

    News
  • Facebook
    13 hours ago

    Police audio of 'man from fetish website' charged with murder of Brit who flew to US for 'violent death'

    The 53-year-old was first taken into custody after cops noticed fraudulent charges on her credit card

    News
  • The government have explained whether the police will be able to stop and check your 'BritCard'
  • Criminal defence lawyer shares the three things you need to know before speaking to police
  • Brit, 21, facing 25 years in prison breaks down in tears at court as police share everything 'found in her luggage'
  • What the police can do if they catch you using an illegal Fire Stick as crackdowns ongoing