Should I ask the user for the passcode?¶

Asking for a passcode may preserve access to a phone, but it must be justified, lawful and carefully documented.

Evidential caution: that a person who knows the passcode can simply provide it without affecting the evidential position. The request itself may alert them to the investigation, influence their later account or lead to remote action on another device or service.

What this means¶

Before asking, record the phone as found. Capture whether it is locked or unlocked, the visible screen, battery, connectivity, notifications and any active application.

Consider the legal authority, local policy and operational purpose of the request. Access to the device and authority to examine its contents are separate questions.

Consider whether disclosure may create safeguarding, coercion or self-incrimination issues that require legal or supervisory advice.

What to check or do next¶

• If the phone is unlocked, do not ask for the passcode merely out of habit. First preserve the visible state and seek specialist advice where the device is evidentially significant.
• If a passcode is requested, record who asked, the exact wording, who supplied it, when and under what circumstances.
• Do not ask the person to type it repeatedly or navigate through the device unless there is a clear reason. That may create records, alter content or weaken continuity.
• If the passcode is refused, do not improvise repeated attempts or pressure outside the proper process.

Evidential limits¶

Where the device is owned by an organisation, the person present may not be the only lawful controller.