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Federal (constitutional)Updated April 2026

The police want to search my phone. Do I have to unlock it?

What the Charter says about phone searches incident to arrest and what to do if you are asked.

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

Stay calm, decline to answer questions beyond identifying yourself, and ask for a lawyer. Do not physically resist, but make it clear you do not consent to any search.

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