Police Powers to Search Phone and Social Media Accounts

What powers do police in the UK have to search your phone and social media accounts?

If you are arrested, your phone may be taken to be analysed as evidence. Similarly, if the police believe that your phone may contain evidence of criminal activity or information that can help them prevent or identify a crime, you may be asked to grant them access to your device.

But can police search your phone in the UK, what data can they find, and are they legally allowed to access your social media accounts? The answer to these questions and many more are detailed in the article below.

Can police search your phone in the UK?

In order to find evidence against you, or another person in relation to a criminal investigation, the police may ask to search your phone and request your password or pin number in order to do so.

If you have not been arrested, you can refuse to grant the police access to your phone. The only exception to this is if they have reasonable grounds to suspect that you are involved in a particular offence.

In the event that you have been arrested, your phone may be seized as evidence. In this instance, you may be asked to unlock your phone and provide the passwords for your social media, email, and other accounts.

You do not have to give the police your passwords, or access to your phone. However, this may be considered withholding information and may have a negative effect on your case. In this instance it is highly recommended that you seek legal advice in order to choose the best course of action.

Can refusing to give the police access to your phone lead to an arrest?

If you are involved in a police investigation, they may ask you for access to your phone. This is so that they can continue to gather evidence in relation to a criminal offence.

Refusing to grant the police access to your phone can result in an offence as part of the Regulation of Investigatory Powers Act 2000 (RIPA).

Section 49 of RIPA gives the police the power to issue a notice to an individual which will require them to disclose their PIN or password, however to do this the police will need permission from a judge.

With the judge’s authority the police can demand a PIN or password, and section 53 makes it an offence for failing to comply with such a notice.

What sort of data can the police find when searching a phone?

A phone is filled with useful information that can be considered invaluable in a criminal investigation. Including details regarding the owner’s location, habits, contacts and much more.

Here is a breakdown of the many different pieces of information that can be gained by looking through a phone…

• Photos
• Messages
• Activity on social medias like Facebook, Snapchat, Instagram, etc.
• Emails
• The calendar
• Browsing history
• Contact details for friends and family members
• Information regarding shopping habits
• Bank details
• Location data

Can the police take my phone without a warrant?

In order to search your personal device, the police must have either a warrant or have reasonable grounds to believe your phone contains information regarding a criminal act.

If a police officer searches your phone without proper cause, any evidence that they find could be suppressed and not used as part of a prosecution.  

How long does it take police to search a phone?

The amount of time it takes for the police to search your phone can vary dramatically. In some cases, it may only take around 15 minutes, however, this process can take a lot longer depending on the severity of the situation and the type of information they are searching for within the device.

What can police check on your phone?

If you are a suspect in a criminal investigation, the police may wish to access personal data on your phone. This can include many things like:

• Emails
• Messages
• Contact information
• Images

Social media is also considered a useful source of information within a criminal investigation. The police may wish to access things that you post publicly on platforms like Facebook, or even private data from your social media accounts.

To gain access to this information the police may seize your phone or even contact social media companies in order to obtain the necessary data.

Many social media platforms such as Instagram, WhatsApp, and Messenger are all owned by Facebook and adhere to the same data protection policies.

Where law enforcement in the UK is concerned, a legal request for the data must be made through a Mutual Legal Assistance and the Government, in order to gain access to private data on platforms like Facebook or WhatsApp. This process can take up to two years to complete, however recent changes to this policy allow the UK police to contact Facebook directly for this information.

There are exceptions to this, and in the case of an emergency that involves the potential harm or death of a child, Facebook will release data to the police without the need for a Mutual Legal Assistance request.

How long can police keep your phone for investigation?

Once your digital device has been seized by police to be used as evidence in an investigation, it will be held until the investigation has been closed or the police believe it is no longer needed. You will be contacted when you can pick up your property.

Unfortunately, if any evidence is found on your phone, there is no time limit on how long your phone may be held by the police. It will be held until the investigation is concluded and a trial has occurred. This may take months or even years.

In the event that your phone is analysed and no evidence is found, your phone may be returned to you quite quickly. However, this process may also take months to complete.

Additionally, if you refused to give the police your password of pin number so they can access the contents of your phone, it will likely remain at a police station until they decide if it is relevant to the investigation or not.

How long will it take for my devices to be analysed?

For the average case, it can take between six to twelve months for a mobile device to be analysed by the police.

After the analysis is completed, the data will need to be reviewed by a police officer to assess its usefulness. The information revealed on a phone has the potential to change the outcome of a case, so it is possible that more time will be needed for additional interviews. As well as to revaluate the case with any new evidence in mind.

How do you get your phone back from the police?

Generally, you will be contacted by the police and told you can collect your property after the investigation has concluded, or if it is no longer considered relevant to the case. You will often receive this information in writing.

Your property will only be returned to you when the officer in charge of the case has authorised its release.

After this point, you will have 28 days to respond to the letter of authorisation or collect your device. Failing to do so will result in your phone being disposed of or sold.

It is important to note that in some instances, your phone may be kept in police possession after a conviction. This is in case of an appeal or hearing. 

If you are struggling to re-claim your phone from the police, you can speak to a solicitor for legal advice and your options moving forward.

What to do if the police are disputing your ownership of the phone?

In order to get your phone back from the police you may need to provide proof that the phone belongs to you. This can be achieved by presenting a receipt.

If you are unable to obtain the receipt for the item, you can use an alternate form of evidence. For example, you could provide a photograph containing yourself holding the phone in question.

Can the police track your phone?

It is possible for the police to track your phone. This is done through location data stored by network providers.

However, to do this the police would require a court warrant, or any information found could not be used in a prosecution.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about police powers to search your phone, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
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• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

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