What the Charter says about police phone searches incident to arrest, and what to do if you are asked to unlock your phone.
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Last verified: September 2026
TL;DR
Police generally need judicial authorization to search your phone. Even when arresting you, there are strict limits on what they can review without a warrant. You have a right to remain silent and to speak with a lawyer before answering questions.
Key rights to remember
You have a right to remain silent (Charter section 7, 11(c)).
You have a right to consult a lawyer without delay on arrest or detention (section 10(b)).
You can decline to provide your passcode unless a court orders you to.
What police can do without a warrant
The Supreme Court in R. v. Fearon (2014) allowed limited search of a phone incident to arrest, but only where: (a) the arrest was lawful, (b) the search is truly incident to arrest, (c) the nature and extent are tailored to the purpose, and (d) detailed notes are taken. Courts have been increasingly critical of broad searches.
What to do
A person who is detained has the right to remain silent beyond identifying themselves and the right to speak with a lawyer (Charter ss.7, 10(b)). Physically resisting a search is an offence; stating clearly that consent to the search is not given preserves the s.8 argument for later.