Phone SeizedCompare jurisdictionsCan they take my phone?

Can they take my phone?

Applies to: England & Wales · Scotland · Australia · United States. The law differs materially between jurisdictions this site covers — do not apply this page outside the one named here. Law also varies by state and territory in Australia — this page does not describe every state or territory. Law also varies by state, and by federal circuit, in the United States — this page does not describe every state or circuit.

Can they take my phone?

Can they take my phone? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
They can In England and Wales, under s.19 of PACE a constable who is lawfully on any premises may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed. Police and Criminal Evidence Act 1984, s.19(3) “The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.—The constable may seize anything which is on the premises if he has reasonable grounds for believing— that it is evidence in relation to an offence which he is investigating or any other offence; and— that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.” Read it at legislation.gov.ukquote checked 2026-10-01 After an arrest at a place other than a police station, a constable also has power to search the arrested person for anything which might be evidence relating to an offence, subject to subsections (3) to (5) of s.32 — among them that he may not search under that power unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. Under s.32(9), a constable searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence. Police and Criminal Evidence Act 1984, s.32(1), (2)(a)(ii), (5) and (9) “A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.—Subject to subsections (3) to (5) below, a constable shall also have power in any such case— to search the arrested person for anything— which might be evidence relating to an offence—A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.—A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing— that it is evidence of an offence or has been obtained in consequence of the commission of an offence.” Read it at legislation.gov.ukquote checked 2026-10-01 The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only. Police and Criminal Evidence Act 1984, s.120(1) (extent) “Subject to the following provisions of this section, this Act extends to England and Wales only.” Read it at legislation.gov.ukquote checked 2026-09-08	They can In Scotland, s.47(1) of the Criminal Justice (Scotland) Act 2016 says that nothing in Part 1 affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2) — a power exercised in relation to a person by reason of the person’s having been arrested and charged with an offence by a constable — and s.47(3) says powers of that type include the power to seize any item in the person’s possession. Criminal Justice (Scotland) Act 2016, s.47(1), (2) and (3)(b) “Nothing in this Part affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2).—The type of power is a power that a constable may exercise in relation to a person by reason of the person's having been arrested and charged with an offence by a constable.—Powers of the type described in subsection (2) include the power to— seize any item in the person's possession” Read it at legislation.gov.ukquote checked 2026-10-01 The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only. Police and Criminal Evidence Act 1984, s.120(1) (extent) “Subject to the following provisions of this section, this Act extends to England and Wales only.” Read it at legislation.gov.ukquote checked 2026-09-08	They can In Australia, under s.3F(1)(c)–(e) of the Crimes Act 1914 (Cth), a warrant that is in force in relation to premises authorises the executing officer or a constable assisting to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be evidential material in relation to an offence to which the warrant relates, evidential material in relation to another offence that is an indictable offence, or evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act), if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items. Crimes Act 1914 (Cth), s.3F(1)(c)–(e) — search and seizure under a warrant in relation to premises (Compilation No. 167, 27 Aug 2026) “A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:—to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and—to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:—evidential material in relation to an offence to which the warrant relates; or—evidential material in relation to another offence that is an indictable offence; or—evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);—if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and—to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items” Read it at legislation.gov.auquote checked 2026-10-04 Under s.3K(2) of the Crimes Act 1914 (Cth), a thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if: both of the following apply — it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance, and the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or, for a thing found at warrant premises, the occupier of the premises consents in writing; or, for a thing found during a search under a warrant that is in force in relation to a person, the person consents in writing. Crimes Act 1914 (Cth), s.3K(2) — power to move a thing to another place for examination or processing (Compilation No. 167, 27 Aug 2026) “A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to—determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if:—both of the following apply:—it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;—the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or—for a thing found at warrant premises—the occupier of the premises consents in writing; or—for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3K(3A) of the Crimes Act 1914 (Cth), the thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable: if the thing is a computer or data storage device, 30 days; otherwise, 14 days. Crimes Act 1914 (Cth), s.3K(3A) — time limit on moving a thing for examination or processing (Compilation No. 167, 27 Aug 2026) “The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:—if the thing is a computer or data storage device—30 days;—otherwise—14 days.” Read it at legislation.gov.auquote checked 2026-10-02 Under s.3K(3B)–(3D) of the Crimes Act 1914 (Cth), an executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended; the executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application; and a single extension cannot exceed whichever of the following is applicable: if the thing is a computer or data storage device, 14 days; otherwise, 7 days. Crimes Act 1914 (Cth), s.3K(3B)–(3D) — extensions of the examination time limit (Compilation No. 167, 27 Aug 2026) “An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.—The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.—A single extension cannot exceed whichever of the following is applicable:—if the thing is a computer or data storage device—14 days;—otherwise—7 days.” Read it at legislation.gov.auquote checked 2026-10-02	They can In the United States, Federal Rule of Criminal Procedure 41(e)(2)(B) says that a warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information, and that unless otherwise specified the warrant authorizes a later review of the media or information consistent with the warrant. Fed. R. Crim. P. 41(e)(2)(B) “A warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant.” Read it at law.cornell.eduquote checked 2026-09-08 In Riley v. California, the Supreme Court’s answer to the question of what police must do before searching a cell phone seized incident to an arrest was “accordingly simple—get a warrant.” Riley v. California, 573 U.S. 373 (2014) “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.” Read it at law.cornell.eduquote checked 2026-09-08

England & Wales
They can
In England and Wales, under s.19 of PACE a constable who is lawfully on any premises may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
Police and Criminal Evidence Act 1984, s.19(3)
“The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.—The constable may seize anything which is on the premises if he has reasonable grounds for believing— that it is evidence in relation to an offence which he is investigating or any other offence; and— that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.”
Read it at legislation.gov.ukquote checked 2026-10-01
- After an arrest at a place other than a police station, a constable also has power to search the arrested person for anything which might be evidence relating to an offence, subject to subsections (3) to (5) of s.32 — among them that he may not search under that power unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. Under s.32(9), a constable searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence.
  Police and Criminal Evidence Act 1984, s.32(1), (2)(a)(ii), (5) and (9)
  “A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.—Subject to subsections (3) to (5) below, a constable shall also have power in any such case— to search the arrested person for anything— which might be evidence relating to an offence—A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.—A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing— that it is evidence of an offence or has been obtained in consequence of the commission of an offence.”
  Read it at legislation.gov.ukquote checked 2026-10-01
- The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only.
  Police and Criminal Evidence Act 1984, s.120(1) (extent)
  “Subject to the following provisions of this section, this Act extends to England and Wales only.”
  Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
They can
In Scotland, s.47(1) of the Criminal Justice (Scotland) Act 2016 says that nothing in Part 1 affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2) — a power exercised in relation to a person by reason of the person’s having been arrested and charged with an offence by a constable — and s.47(3) says powers of that type include the power to seize any item in the person’s possession.
Criminal Justice (Scotland) Act 2016, s.47(1), (2) and (3)(b)
“Nothing in this Part affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2).—The type of power is a power that a constable may exercise in relation to a person by reason of the person's having been arrested and charged with an offence by a constable.—Powers of the type described in subsection (2) include the power to— seize any item in the person's possession”
Read it at legislation.gov.ukquote checked 2026-10-01
- The Police and Criminal Evidence Act 1984, subject to the other provisions of its s.120, extends to England and Wales only.
  Police and Criminal Evidence Act 1984, s.120(1) (extent)
  “Subject to the following provisions of this section, this Act extends to England and Wales only.”
  Read it at legislation.gov.ukquote checked 2026-09-08
Australia
They can
In Australia, under s.3F(1)(c)–(e) of the Crimes Act 1914 (Cth), a warrant that is in force in relation to premises authorises the executing officer or a constable assisting to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be evidential material in relation to an offence to which the warrant relates, evidential material in relation to another offence that is an indictable offence, or evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act), if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items.
Crimes Act 1914 (Cth), s.3F(1)(c)–(e) — search and seizure under a warrant in relation to premises (Compilation No. 167, 27 Aug 2026)
“A warrant that is in force in relation to premises authorises the executing officer or a constable assisting:—to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises; and—to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be:—evidential material in relation to an offence to which the warrant relates; or—evidential material in relation to another offence that is an indictable offence; or—evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act);—if the executing officer or a constable assisting believes on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; and—to seize other things found at the premises in the course of the search that the executing officer or a constable assisting believes on reasonable grounds to be seizable items”
Read it at legislation.gov.auquote checked 2026-10-04
- Under s.3K(2) of the Crimes Act 1914 (Cth), a thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if: both of the following apply — it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance, and the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or, for a thing found at warrant premises, the occupier of the premises consents in writing; or, for a thing found during a search under a warrant that is in force in relation to a person, the person consents in writing.
  Crimes Act 1914 (Cth), s.3K(2) — power to move a thing to another place for examination or processing (Compilation No. 167, 27 Aug 2026)
  “A thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to—determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, if:—both of the following apply:—it is significantly more practicable to do so having regard to the timeliness and cost of examining or processing the thing at another place and the availability of expert assistance;—the executing officer or constable assisting suspects on reasonable grounds that the thing contains or constitutes evidential material or the thing suggests the existence of a digital asset that may be seized under a warrant; or—for a thing found at warrant premises—the occupier of the premises consents in writing; or—for a thing found during a search under a warrant that is in force in relation to a person—the person consents in writing.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3K(3A) of the Crimes Act 1914 (Cth), the thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable: if the thing is a computer or data storage device, 30 days; otherwise, 14 days.
  Crimes Act 1914 (Cth), s.3K(3A) — time limit on moving a thing for examination or processing (Compilation No. 167, 27 Aug 2026)
  “The thing may be moved to another place for examination or processing for no longer than whichever of the following is applicable:—if the thing is a computer or data storage device—30 days;—otherwise—14 days.”
  Read it at legislation.gov.auquote checked 2026-10-02
- Under s.3K(3B)–(3D) of the Crimes Act 1914 (Cth), an executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended; the executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application; and a single extension cannot exceed whichever of the following is applicable: if the thing is a computer or data storage device, 14 days; otherwise, 7 days.
  Crimes Act 1914 (Cth), s.3K(3B)–(3D) — extensions of the examination time limit (Compilation No. 167, 27 Aug 2026)
  “An executing officer may apply to an issuing officer for one or more extensions of that time if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within the time applicable under subsection (3A) or that time as previously extended.—The executing officer must give notice of the application to the person referred to in paragraph (2)(b) or (c) (as the case requires), and that person is entitled to be heard in relation to the application.—A single extension cannot exceed whichever of the following is applicable:—if the thing is a computer or data storage device—14 days;—otherwise—7 days.”
  Read it at legislation.gov.auquote checked 2026-10-02
United States
They can
In the United States, Federal Rule of Criminal Procedure 41(e)(2)(B) says that a warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information, and that unless otherwise specified the warrant authorizes a later review of the media or information consistent with the warrant.
Fed. R. Crim. P. 41(e)(2)(B)
“A warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information. Unless otherwise specified, the warrant authorizes a later review of the media or information consistent with the warrant.”
Read it at law.cornell.eduquote checked 2026-09-08
- In Riley v. California, the Supreme Court’s answer to the question of what police must do before searching a cell phone seized incident to an arrest was “accordingly simple—get a warrant.”
  Riley v. California, 573 U.S. 373 (2014)
  “Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant.”
  Read it at law.cornell.eduquote checked 2026-09-08

The short answer, country by country

In England & Wales, under s.19 of PACE a constable who is lawfully on any premises may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence, and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed. Separately, s.32 gives a constable, after an arrest at a place other than a police station, power to search the arrested person for anything which might be evidence relating to an offence, and s.32(9) says a constable carrying out that search may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

In Scotland, s.47(1) of the Criminal Justice (Scotland) Act 2016 says that nothing in Part 1 affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2) — a power exercised in relation to a person by reason of the person’s having been arrested and charged with an offence by a constable — and s.47(3) says powers of that type include the power to seize any item in the person’s possession. PACE, subject to the other provisions of its s.120, extends to England and Wales only.

In Australia, under s.3F(1)(c)–(e) of the Crimes Act 1914 (Cth), a warrant that is in force in relation to premises authorises the executing officer or a constable assisting to search the premises for the kinds of evidential material specified in the warrant, and to seize things of that kind found at the premises. The same provision also authorises the executing officer or a constable assisting to seize other things found at the premises in the course of the search — on the conditions it states: that they believe on reasonable grounds the things to be evidential material in relation to an offence to which the warrant relates, evidential material in relation to another offence that is an indictable offence, or evidential material (within the meaning of the Proceeds of Crime Act 2002) or tainted property (within the meaning of that Act), and that they believe on reasonable grounds that seizure of the things is necessary to prevent their concealment, loss or destruction or their use in committing an offence; or that they believe on reasonable grounds the things to be seizable items. Separately, s.3K(2) says a thing found at warrant premises, or a thing found during a search under a warrant that is in force in relation to a person, may be moved to another place for examination or processing in order to determine whether the thing may be seized under a warrant, or the thing suggests the existence of a digital asset that may be seized under a warrant, on the conditions that subsection states. Under s.3K(3A), the thing may be moved for examination or processing for no longer than 30 days if it is a computer or data storage device, and otherwise 14 days; under s.3K(3B)–(3D) an executing officer may apply to an issuing officer for one or more extensions if the executing officer believes on reasonable grounds that the thing cannot be examined or processed within that time, and a single extension cannot exceed 14 days for a computer or data storage device, and otherwise 7 days.

In the United States, Federal Rule of Criminal Procedure 41(e)(2)(B) says a warrant under Rule 41(e)(2)(A) may authorize the seizure of electronic storage media or the seizure or copying of electronically stored information, and that unless otherwise specified the warrant authorizes a later review of the media or information consistent with the warrant. For searching a cell phone seized incident to an arrest, the Supreme Court’s answer in Riley v. California was “accordingly simple—get a warrant.”

Where the jurisdictions differ

The sourced powers have different triggers, so they are not like-for-like. In England & Wales the sourced triggers are a constable lawfully on premises (s.19) and an arrest (s.32: a power to search the person and, under s.32(9), to seize and retain what the search finds, other than an item subject to legal privilege, if the constable has reasonable grounds for believing it is evidence of an offence or was obtained in consequence of the commission of an offence). In Scotland the sourced provision, s.47, is about powers exercised in relation to a person by reason of the person’s having been arrested and charged with an offence by a constable. In Australia the sourced trigger is a warrant that is in force in relation to premises (s.3F(1)); the same provision also covers seizing other things found at the premises in the course of the search, on the conditions it states. In the United States the sourced power is exercised under a warrant. What officers may then do with the phone — search it, keep it, hand it back — is a separate question, covered on the comparison pages linked below.

Read further

See what happens to a seized phone in England & Wales, seizure and cyber kiosks in Scotland, the Commonwealth warrant and computer-access powers in Australia, moving a thing for examination, and getting seized things back, under the Commonwealth Crimes Act, the U.S. warrant position, and what a full extraction actually contains. For England & Wales in more depth, see warrants and premises, property in police custody (s.54) and seize and sift (CJPA 2001 ss.50–51). For what happens after a phone is seized, see Do they need a warrant? and Can I get it back, or get the data deleted?

Last reviewed 2026-10-04. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.