Do the Police have the Powers to Search your Phone | Be Secure Online

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Do the Police have the Powers to Search your Phone

Can The Police search my Phone!

police search, internet safety, cybersecurity
Police in Manchester can search anyone on reasonable grounds however require a warrant to search phones. 

Technically no, not without a search warrant or your permission which you should be slow to grant. Police Forces worldwide look jealously at their colleagues in Border Control who already have the right to request you hand over your phone and passwords. Several countries including, the UK, Mexico, Ireland and France propose legislation shortly to grant the Police expanded search powers. 

At the moment 'reasonable grounds' are all a cop needs to stop and search you. However, in most countries, they need the relevant documentation (warrants) to search your phone except in the case of child sex offences or terrorism, in which case, the phone must be given to the Police immediately.

All a Police Officer has to do is 'Ask your Permission'

Teenagers are especially vulnerable as they are more likely to succumb to Police charm or lack of and grant access to their phone rather than calling their parents. When it's 4 am most teenagers are not thinking straight. Police will quickly search for 'dick pics', details of parties, drug use, location details, sexting, other criminal activity or at the very least something incriminating.

For some strange reason, many teenagers think that as minors, the Police can not stop and search them. Ask your teenagers what they think? Can the Police stop and search them? You might be surprised. Internet safety is all about common sense, including how you use your social media properly. Online safety talks for parents

  • Forensic searches can take up to 2 years (UK average is around 2 weeks)
  • Police will check with Gaming, Social Media portals
  • Police are free to get in touch with your contacts
  • The standard search warrant does not include the right to search phone
  • Expect the Police to request your permission to search your phone

Part of internet safety is understanding, how sensitive details on your phone are and what they reveal about you, your activities.

  • Can the Police access WhatsApp, Snapchat. Yes, with effort.
  • I deleted that years ago. Can it be recovered? - Yes
  • Phone tell cops who your friends are, where you have been, how fast you drive everything.

What young people need to be aware of

  • Your Phone says more about you than anything else
  • Be very careful of naked pics under 16 it is illegal
  • Joking about purchasing drugs online is no Joke 
  • Your Phone will reveal your driving speeds, locations, friends, associates
  • Police will use all of this against you. It's their job.

Schools need to be telling kids, teenagers the above, we think most schools are not as well informed as they should be.  Police will take advantage of Sexting images (naked pictures) to pressurise kids, teenagers, into making further admissions. Read our online safety article for children about sexting, including teenagers here
 

The Met said youngsters are vulnerable to intimate images of them being distributed without their consent, while many are unaware they are breaking the law by taking, sharing or possessing explicit pictures

You might like to know this.


When the Police search a phone they 'strip search' a Phone forensically from top to bottom. One of the advantages of bringing in new laws is Police will possibly be told to limit their search to relevant items only. Currently, all videos, photos, DMs, messages, contacts, locations, personal conservations are searched. This includes people who have been a victim of crime, there is a need to set boundaries. Crime victims suffer the same fate as phones are investigated and continue paying the bill.

Almost every advanced country in the world is preparing new laws setting parameters for phone searches. Civil rights organisations are also pointing out that Police need to be forced to respect privacy boundaries too in these searches.

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Right to silence extends to your Phone

When the Police caution someone during an arrest with “you do not have to say anything etc" This protects you from having to answer any questions, these same rights include not having to reveal passwords to your phone or social media, except where any terrorist activity or sexual offences against children are involved. 

Things are changing fast though currently, many people simply this is a blanket cover protecting all phones from being accessed. Police Forces everywhere are much better at persuading people to reveal passwords. Remember if using Twitter, Snapchat or other DMs, police can seek their evidence directly from social media. 

In the UK for example, serving someone an S49 Regulation of Investigatory Powers Act 200 (S49 RIPA Notice), demands all electronic details on presentation. Law carries mandatory prison term 2-5 years, again national security, cybersecurity and child indecency.

Get a Lawyer.

It is very clear, that if you are in a position to afford a lawyer, get legal representation before granting anyone access to your phone. Especially as these searches are colloquially known as digital strip searches. In Ireland, Greece, Portugal for example it can take up to 2 years for a full search to be completed.

Articles of Interest

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Social Media Profile  Police Recommended

Sexting is illegal. Most Teenagers think it is just a picture, everyone does it

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