Can the Police Search Your Computer Without a Warrant?

This explanation begins best by framing it in terms of an example. And for our example, we'll use someone that is completely innocent of any crime, whatsoever (as you probably are!).

Brian is an auto mechanic living in the Seattle area. He works hard every day, does his job well, and is like by his peers. Well, most of his peers. There is one guy, Jeff, who doesn't like Brian at all. It seems that several years ago Brian was promoted over Jeff, and ever since, Jeff has done everything he can think of to get Brian fired. To accomplish his goal, Jeff decides the public humiliation of an arrest for child pornography would be perfect. So he calls the police anonymously and reports that he knows a guy with child porn on his computer.

Upon receiving this information the Seattle police go to Brian's house and knock on the door. The only information they have the Brian has done anything wrong is the anonymous tip. When Brian answers the door of his Bellevue, Washington home, the police show their badges and ask if they can ask Brian a couple of questions. He says okay. After questioning Brian for a couple of minutes they ask him if he minds if they take a look on his computer for child pornography. What should Brian do?

First things first - you, being on American soil, are provided certain unalienable rights (which means they cannot be transferred to someone else, by anyone), one of which is the Fourth Amendment right to be free from illegal search an seizure. This means that in order for the police to search you, your home, or your belongings, they must have probable cause that a crime was committed. This means they must have some reasonable suspicion that a crime has occurred, and that suspicion must be based on known facts. If they don't have that then they cannot search you or your property, unless you let them.

As a Seattle criminal defense attorney, I know that there is an exception to your right to be protected from search and seizure - consent. This means if you allow the Seattle or Bellevue police to search your belongings, including your computer, they can do so without any problems later. But can you really just tell the police no? Yes you can. And you should.

But be prepared if you do. The police don't like to be told no. They will try to bully you. They will try to pressure you into consenting to search. They will say things like, "if you don't have anything to hide, why not let us search?" And they will push until one of two things happen, you either let them search or you let them know you are calling your Seattle criminal defense lawyer (even if you aren't).

You have no obligation to let them search, and even if you are innocent you should not consent to search? Why? Because it is an invasion of your privacy for the police to go through your private things, and as a citizen of the United States you have earned the right, privilege, and power to refuse a search by the police. You should exercise that right, respectfully, every chance you get. And trust me on this, letting the police search your stuff will not get you off the hook. They will continue to look.

So, how should Brian handle this situation? He should politely decline the police officer's request to search his computer, let them know if they obtain a warrant he will comply with the warrant, and ask if the officer's will excuse him so he can call his Seattle criminal lawyer or Bellevue criminal defense attorney. The police will leave reluctantly (you may have to ask more than once) and you and your attorney can get to the bottom of what is going on.

Bottom line, never consent to a search by the police. It can only lead to bad things.