If you’re being investigated for computer crimes or illegal online behavior, the police may want to look at your search history as part of their investigation. They may ask for your consent to examine your electronic devices, such as a cellphone, computer, tablet or anything else linked to your account.
You don’t necessarily have to provide this consent. If you refuse, the police generally need to obtain a search warrant. They can often issue the warrant directly to you, requiring that you give them access to your device. They may also consider other sources of information. For example, if they want to read direct messages you sent on a social media platform like Instagram, they may request those records from Meta, the parent company.
What if you used private browsing mode?
You may think that there’s no harm in letting the police look at your device because you always used private browsing mode. Since there are no records of the sites you visited or the searches you ran, it may seem like your history is protected.
However, private browsing is only a local feature. It means that your searches are not stored on your device or in the browser you used—but that doesn’t mean they leave no trace. Your internet service provider (ISP) likely still retains these records. The same is true for network administrators if you were using a computer owned by your employer, school or university.
These types of investigations can be complex when they involve digital evidence, so it’s important to understand exactly what legal steps to take and what defense options are available.