Compare jurisdictions
| Question | England & Wales | Scotland | Australia | United States |
|---|---|---|---|---|
| Can they take my phone? | They can | They can | They can | They can |
| Must I give them the passcode? | Must — refusing is an offence | Must — refusing is an offence | Must — refusing is an offence | Unsettled |
| Can they use my face or fingerprint? | Must — refusing is an offence | Must — refusing is an offence | — | Unsettled |
| Do they need a warrant? | They can | — | A limit applies | A limit applies |
| What can they actually get? | They can | A limit applies | They can | They can |
| How long can they keep it — or the data? | They can | A limit applies | A limit applies | A limit applies |
| Can I get it back, or get the data deleted? | A limit applies | A limit applies | — | A limit applies |
| At the border? | Must — refusing is an offence | Must — refusing is an offence | May refuse | Must |
- Can they take my phone?England & Wales · Scotland · Australia · United States
Can police seize your phone in England & Wales, Scotland, Australia or the US without your consent? The seizure powers in each country, quoted, side by side.
- Must I give them the passcode?England & Wales · Scotland · Australia · United States
A formal notice makes refusing a phone passcode an offence in the UK. Australia and the US work differently. All four positions, quoted, compared.
- Can they use my face or fingerprint?England & Wales · Scotland · Australia · United States
Compelled face or fingerprint unlocking at UK borders is a criminal offence to refuse. In the US it is unsettled. Australia is not yet sourced here.
- Do they need a warrant?England & Wales · Scotland · Australia · United States
Riley v. California requires a US warrant before searching a seized phone. England & Wales and Australia work from different starting points. Compared, quoted.
- What can they actually get?England & Wales · Scotland · Australia · United States
How far a forensic extraction reaches depends on whether the phone is locked, unlocked, or already backed up — and on the law each country works under.
- How long can they keep it — or the data?England & Wales · Scotland · Australia · United States
No fixed retention period applies to a domestic UK or US phone seizure. Border policies in Australia and the US carry stated day limits. Compared.
- Can I get it back, or get the data deleted?England & Wales · Scotland · Australia · United States
UK law requires irrelevant extracted data to be deleted and lets you apply for a seized device back. The US has a return-of-property motion.
- At the border?England & Wales · Scotland · Australia · United States
UK Schedule 7 makes refusing to unlock a device a criminal offence at the border. Australia and the US take different routes to the same practical result.