EFF: So-called “Consent Searches” Harm Our Digital Rights by Adam Schwartz:
Imagine this scenario: You’re driving home. Police pull you over, allegedly for a traffic violation. After you provide your license and registration, the officer catches you off guard by asking: “Since you’ve got nothing to hide, you don’t mind unlocking your phone for me, do you?” Of course, you don’t want the officer to copy or rummage through all the private information on your phone. But they’ve got a badge and a gun, and you just want to go home. If you’re like most people, you grudgingly comply.
Police use this ploy, thousands of times every year, to evade the Fourth Amendment’s requirement that police obtain a warrant, based on a judge’s independent finding of probable cause of crime, before searching someone’s phone. These misleadingly named “consent searches” invade our digital privacy, disparately burden people of color, undermine judicial supervision of police searches, and rest on a legal fiction.