Can Police Search Your Computer? Can They Demand Your Password?

What if police came knocking your door and demanded to have access to your computers, smartphones and other digital devices? What if they demanded your passwords and encryption keys?

If you're pulled over while driving, can the officer search your cell phone or the laptop he sees in the passenger seat?

There's not always a simple yes-or-no answer to these questions but the Electronic Frontier Foundation (EFF) says it's time for consumers to start thinking about them.

"With smart phones, tablet computers, and laptops, we carry around with us an unprecedented amount of sensitive personal information," said EFF Staff Attorney Hanni Fakhoury. "That smart phone in your pocket right now could contain email from your doctor or your kid's teacher, not to mention detailed contact information for all of your friends and family members.

4th Amendment

"Your laptop probably holds even more data -- your Internet browsing history, family photo albums, and maybe even things like an electronic copy of your taxes or your employment agreement. This is sensitive data that's worth protecting from prying eyes."

The Fourth Amendment to the Constitution protects you from unreasonable government searches and seizures, and this protection extends to your computer and portable devices, EFF says in its new "Know Your Digital Rights" guide, which also includes tips on interacting with police officers and other law enforcement officials..

"In the heat of the moment, it can be hard to remember what your rights are and how to exercise them," said EFF Senior Staff Attorney Marcia Hofmann. "Sometimes police can search your computer whether you like it or not, but sometimes they can't. We wrote this guide to help you tell the difference and to empower you to assert your rights when the police come knocking."