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, if police are lawfully on premises they may seize anything — including a phone — that they reasonably believe is evidence of an offence, without needing your consent. A separate power lets police seize a phone found on you during a search after arrest — see the England & Wales pages. Police and Criminal Evidence Act 1984, s.19(3) “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” Read it at legislation.gov.ukquote checked 2026-09-08	They can In Scotland, when police exercise their statutory search powers they may seize any item in your possession, including your phone. PACE does not extend to Scotland — this seizure power comes from Scotland’s own statute, not from England & Wales law. Criminal Justice (Scotland) Act 2016, s.47(3)(b) “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 2026-09-08	They can In Australia, an officer executing a Commonwealth search warrant may operate your phone directly — including to access data on it — if they reasonably suspect the data is evidence. Commonwealth law; NSW/Qld/Vic have their own order regimes — see the Australia pages. Crimes Act 1914 (Cth), s.3L(1) — operating electronic equipment at warrant premises (Compilation No. 167, 27 Aug 2026) “The executing officer of a warrant in relation to premises, or a constable assisting, may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant.” Read it at legislation.gov.auquote checked 2026-09-08	They can In the United States, a federal search warrant may authorise the seizure of your phone as electronic storage media, and a later review of it consistent with the warrant. Riley v. California requires a warrant before searching what is on the phone — a separate question from seizing the device itself; see “Do they need a warrant?” below. 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

England & Wales
They can
In England and Wales, if police are lawfully on premises they may seize anything — including a phone — that they reasonably believe is evidence of an offence, without needing your consent.
A separate power lets police seize a phone found on you during a search after arrest — see the England & Wales pages.
Police and Criminal Evidence Act 1984, s.19(3)
“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”
Read it at legislation.gov.ukquote checked 2026-09-08
Scotland
They can
In Scotland, when police exercise their statutory search powers they may seize any item in your possession, including your phone.
PACE does not extend to Scotland — this seizure power comes from Scotland’s own statute, not from England & Wales law.
Criminal Justice (Scotland) Act 2016, s.47(3)(b)
“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 2026-09-08
Australia
They can
In Australia, an officer executing a Commonwealth search warrant may operate your phone directly — including to access data on it — if they reasonably suspect the data is evidence.
Commonwealth law; NSW/Qld/Vic have their own order regimes — see the Australia pages.
Crimes Act 1914 (Cth), s.3L(1) — operating electronic equipment at warrant premises (Compilation No. 167, 27 Aug 2026)
“The executing officer of a warrant in relation to premises, or a constable assisting, may operate electronic equipment at the warrant premises to access data (including data not held at the premises) if he or she suspects on reasonable grounds that the data constitutes evidential material or suggests the existence of a digital asset that may be seized under the warrant.”
Read it at legislation.gov.auquote checked 2026-09-08
United States
They can
In the United States, a federal search warrant may authorise the seizure of your phone as electronic storage media, and a later review of it consistent with the warrant.
Riley v. California requires a warrant before searching what is on the phone — a separate question from seizing the device itself; see “Do they need a warrant?” below.
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

The short answer, country by country

In England & Wales, if officers are lawfully on premises they may seize a phone without your consent if they reasonably believe it is evidence.

In Scotland, the same is true under Scotland’s own search powers — any item in your possession, including your phone, can be seized once those powers are being exercised.

In Australia, an officer executing a Commonwealth search warrant may operate your phone directly to access data reasonably suspected to be evidence.

In the United States, a federal search warrant can authorise seizing your phone as electronic storage media, with a later review of it consistent with that warrant.

Where the four differ

For the physical act of taking the device, the four jurisdictions here look broadly similar: each has a sourced power to seize or access it without your consent once its own conditions are met. The sharper differences show up in what happens next — whether anyone needs a warrant before searching what is on it, and whether you can get it back. Those are separate questions, covered below.

Read further

See what happens to a seized phone in England & Wales, seizure and cyber kiosks in Scotland, computer access orders in Australia, the U.S. warrant position, and what a full extraction actually contains. 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 2026-09-08. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.