The Third-Party Doctrine applies to searches that the police carry out and how they can obtain digital evidence during a criminal case. It sometimes provides them with avenues to access that evidence that they would not otherwise have.
In general, people have an expectation of privacy when it comes to their devices, such as their cellphone. Police may want to search a phone to look at text logs, location data, call records and much more. But they generally need to get the consent of the person who owns the phone, or they need to get a search warrant from a judge. Only then can they unlock the device.
Reducing the expectation of privacy
That said, when someone willingly and voluntarily shares information with another party, it can reduce their expectation of privacy.
An example of this could be if someone downloads a social media app and then uses it to send messages to other users. They are voluntarily sharing the contents of those messages with the company that owns the social media app.
To see the contents of those messages on the phone itself, police would need consent or a search warrant. But the Third-Party Doctrine gives them another option, which is to subpoena the tech company. That company can then access the records on its end and turn them over to the police, even if they never actually search the phone itself.
Your criminal defense options
Digital searches can be very important in a variety of criminal investigations, from misdemeanors to felonies. For those who are facing charges, it is critical that they understand all of their legal rights and their defense options.