Police cannot access suspect’s phone without court order – Kofi Bentil

Vice President of IMANI Africa and lawyer Kofi Bentil warned the public against handing over access to their mobile phones to the police without a court order. During an interview on JoyNews' Newsfile, Bentil emphasized that the police lack the legal authority to access the contents of a suspect's phone or request their password merely because the individual has been arrested. He stressed that investigators seeking to search or access a suspect's phone must first secure the appropriate authorization from a court.

Bentil explained that phones frequently contain highly sensitive personal and third-party information, including financial, medical, and professional records, which could be compromised if law enforcement officers gain unrestricted access. He warned that a phone could house confidential financial, medical, and professional data, as well as third-party confidential information belonging to individuals who are not part of an investigation.

Bentil urged citizens to differentiate between physically handing over a phone and providing the password required to access its contents. He clarified that if the police physically take a phone, the individual has the right to refuse sharing the password and demand a court order to access the device.

Furthermore, Bentil highlighted that citizens have the legal right to record police officers performing their duties in public spaces, and it is not considered a crime. He stressed that police officers should not prevent members of the public from recording their activities in public places, seizing their phones, demanding passwords, or instructing them to delete recordings. According to Bentil, such actions are unlawful.

His remarks come during an ongoing discussion surrounding the preservation of privacy rights and the extent of law enforcement agencies' authority concerning mobile phones and digital evidence.