Phone SeizedCompare jurisdictionsDo they need a warrant?

Do they need a warrant?

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.

Do they need a warrant?

Do they need a warrant? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
A limit applies In England and Wales, under s.8(1) of PACE, if on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing that an indictable offence has been committed, that there is material on premises mentioned in subsection (1A) which is likely to be of substantial value to the investigation of the offence, that the material is likely to be relevant evidence, that it does not consist of or include items subject to legal privilege, excluded material or special procedure material, and that any of the conditions specified in subsection (3) applies, he may issue a warrant authorising a constable to enter and search the premises. Police and Criminal Evidence Act 1984, s.8(1) “If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— that an indictable offence has been committed; and— that there is material on premises mentioned in subsection (1A) below which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and— that the material is likely to be relevant evidence; and— that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and— that any of the conditions specified in subsection (3) below applies, he may issue a warrant authorising a constable to enter and search the premises in relation to each set of premises specified in the application” Read it at legislation.gov.ukquote checked 2026-10-01 Section 113(3)(b) of the Serious Organised Crime and Police Act 2005 says that, in s.8(1) of the 1984 Act, in paragraph (e), at the end, the words “in relation to each set of premises specified in the application” are added. Serious Organised Crime and Police Act 2005, s.113(1), (2) and (3)(b) “PACE is amended as follows.—Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).—In subsection (1)—in paragraph (e), at the end add “ in relation to each set of premises specified in the application ”” Read it at legislation.gov.ukquote checked 2026-10-04 Under s.16(3) of PACE, entry and search under a warrant must be within three months from the date of its issue. Police and Criminal Evidence Act 1984, s.16(3) “Entry and search under a warrant must be within three months from the date of its issue.” Read it at legislation.gov.ukquote checked 2026-09-08 PACE Code B, para 7.6, says that if an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form which can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form. PACE Code B (2023), para 7.6 “If an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form:— which can be taken away and in which it is visible and legible, or— from which it can readily be produced in a visible and legible form.” Read it at assets.publishing.service.gov.ukquote checked 2026-09-09 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	Not yet sourced on this site.	A limit applies In Australia, under s.3E(1) of the Crimes Act 1914 (Cth), an issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises. Crimes Act 1914 (Cth), s.3E(1) — when a search warrant can be issued (Compilation No. 167, 27 Aug 2026) “An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.” Read it at legislation.gov.auquote checked 2026-09-08	A limit applies In the United States, 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 In the same opinion the Court said that other case-specific exceptions may still justify a warrantless search of a particular phone, and that the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case. Riley v. California, 573 U.S. 373 (2014) “other case-specific exceptions may still justify a warrantless search of a particular phone—the exigencies of the situation—make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment—The critical point is that, unlike the search incident to arrest exception, the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case.” Read it at law.cornell.eduquote checked 2026-09-08

England & Wales
A limit applies
In England and Wales, under s.8(1) of PACE, if on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing that an indictable offence has been committed, that there is material on premises mentioned in subsection (1A) which is likely to be of substantial value to the investigation of the offence, that the material is likely to be relevant evidence, that it does not consist of or include items subject to legal privilege, excluded material or special procedure material, and that any of the conditions specified in subsection (3) applies, he may issue a warrant authorising a constable to enter and search the premises.
Police and Criminal Evidence Act 1984, s.8(1)
“If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— that an indictable offence has been committed; and— that there is material on premises mentioned in subsection (1A) below which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and— that the material is likely to be relevant evidence; and— that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and— that any of the conditions specified in subsection (3) below applies, he may issue a warrant authorising a constable to enter and search the premises in relation to each set of premises specified in the application”
Read it at legislation.gov.ukquote checked 2026-10-01
- Section 113(3)(b) of the Serious Organised Crime and Police Act 2005 says that, in s.8(1) of the 1984 Act, in paragraph (e), at the end, the words “in relation to each set of premises specified in the application” are added.
  Serious Organised Crime and Police Act 2005, s.113(1), (2) and (3)(b)
  “PACE is amended as follows.—Section 8 (power to authorise entry and search of premises) is amended as provided in subsections (3) and (4).—In subsection (1)—in paragraph (e), at the end add “ in relation to each set of premises specified in the application ””
  Read it at legislation.gov.ukquote checked 2026-10-04
- Under s.16(3) of PACE, entry and search under a warrant must be within three months from the date of its issue.
  Police and Criminal Evidence Act 1984, s.16(3)
  “Entry and search under a warrant must be within three months from the date of its issue.”
  Read it at legislation.gov.ukquote checked 2026-09-08
- PACE Code B, para 7.6, says that if an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form which can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form.
  PACE Code B (2023), para 7.6
  “If an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form:— which can be taken away and in which it is visible and legible, or— from which it can readily be produced in a visible and legible form.”
  Read it at assets.publishing.service.gov.ukquote checked 2026-09-09
- 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
Not yet sourced on this site.
Australia
A limit applies
In Australia, under s.3E(1) of the Crimes Act 1914 (Cth), an issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.
Crimes Act 1914 (Cth), s.3E(1) — when a search warrant can be issued (Compilation No. 167, 27 Aug 2026)
“An issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.”
Read it at legislation.gov.auquote checked 2026-09-08
United States
A limit applies
In the United States, 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
- In the same opinion the Court said that other case-specific exceptions may still justify a warrantless search of a particular phone, and that the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case.
  Riley v. California, 573 U.S. 373 (2014)
  “other case-specific exceptions may still justify a warrantless search of a particular phone—the exigencies of the situation—make the needs of law enforcement so compelling that [a] warrantless search is objectively reasonable under the Fourth Amendment—The critical point is that, unlike the search incident to arrest exception, the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case.”
  Read it at law.cornell.eduquote checked 2026-09-08

The short answer, country by country

In England & Wales, under s.8(1) of PACE, if on a constable’s application a justice of the peace is satisfied that there are reasonable grounds for believing that an indictable offence has been committed, that there is material on premises mentioned in subsection (1A) which is likely to be of substantial value to the investigation of the offence, that the material is likely to be relevant evidence, that it does not consist of or include items subject to legal privilege, excluded material or special procedure material, and that any of the conditions specified in subsection (3) applies, he may issue a warrant authorising a constable to enter and search the premises. Section 113(3)(b) of the Serious Organised Crime and Police Act 2005 says that, in s.8(1) of the 1984 Act, in paragraph (e), at the end, the words “in relation to each set of premises specified in the application” are added; the revised text of s.8 of PACE on legislation.gov.uk prints them at the end of the subsection (s.113 of the 2005 Act). Under s.16(3), entry and search under a warrant must be within three months from the date of its issue. PACE Code B, para 7.6, says that if an officer considers information stored in any electronic form and accessible from the premises could be used in evidence, they may require the information to be produced in a form which can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form.

In Australia, under s.3E(1) of the Crimes Act 1914 (Cth), an issuing officer may issue a warrant to search premises if the officer is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there is, or there will be within the next 72 hours, any evidential material at the premises.

In the United States, 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.” In the same opinion the Court said that other case-specific exceptions may still justify a warrantless search of a particular phone, and that the exigent circumstances exception requires a court to examine whether an emergency justified a warrantless search in each particular case.

The matrix has no Scotland cell for this row: no Scottish warrant provision is quoted on this page. For the Scottish seizure power quoted on another comparison page, see Can they take my phone?

Where the jurisdictions differ

The cells are not like-for-like. The England & Wales and Australian cells quote the conditions for a warrant to search premises. The United States cell quotes the Supreme Court on searching a phone that has already been seized incident to an arrest, and adds that case-specific exceptions may still justify a warrantless search of a particular phone. None of the cells here says whether a further warrant is needed to search a phone’s contents in England & Wales or Australia once it has been seized.

Read further

See what happens to a seized phone in England & Wales, the Commonwealth warrant and computer-access powers in Australia, and Riley v. California in full. See also Can they take my phone? and What can they actually get?

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.