Policing.uk

Can police search my phone?

Not without grounds. Police cannot routinely search your phone during a stop and search. They generally need to arrest you first, and even then, accessing data on your phone typically requires a warrant or your consent.

The law

  • Police and Criminal Evidence Act 1984, Sections 19, 22, and 32. Powers to seize property during search (s.19), retain seized property (s.22), and search on arrest (s.32).
  • Regulation of Investigatory Powers Act 2000, Sections 49 and 53. Power to require disclosure of encryption keys or passwords. Failure to comply: max 2 years (5 years for national security/child indecency).
  • Investigatory Powers Act 2016, Various. Governs the interception and examination of electronic data by law enforcement, including requirements for warrants.

The penalty

Offence
Failure to disclose encryption key (RIPA s.53)
Maximum
2 years' imprisonment (5 years for national security/child indecency)
Typical range
Suspended sentence to 12 months' custody

What to do

  1. You do not have to hand over your phone during a routine stop and search unless the officer has reasonable grounds to seize it as evidence.
  2. If arrested, the police may seize your phone but should not access its data without a warrant or your consent.
  3. You are not obliged to reveal your passcode unless served with a RIPA s.49 notice.
  4. Ask on what legal basis the officer is requesting access to your phone and note the response.
  5. Seek legal advice from a solicitor before complying with any request to unlock your device.

In detail

The legal position on police access to mobile phones involves several overlapping statutory frameworks. The key question is whether the phone is being physically seized or whether its data content is being accessed: these are different powers with different thresholds.

During a stop and search under PACE s.1 or other powers, an officer can search you and seize items they reasonably believe to be evidence of an offence or items that could be used to cause injury. Physically seizing a phone is lawful under PACE s.19 if the officer has reasonable grounds to believe it contains evidence of an offence. However, the power to seize a physical object does not automatically include the power to access the data stored on it.

Accessing data on a seized phone engages the Police and Criminal Evidence Act 1984 and the Investigatory Powers Act 2016. In the case of R v Bater-James and Mohammed [2020] EWCA Crim 790, the Court of Appeal confirmed that a distinction exists between seizing a device and extracting data from it. Data extraction is a more intrusive step that generally requires either consent or a warrant.

The Protection of Freedoms Act 2012 (s.37) also applies where police want to extract biometric data (fingerprints) stored on a device.

If you are arrested, the police can seize your phone as part of a search incident to arrest under PACE s.32. At the police station, they may retain it under PACE s.22. To access the data, they will usually apply to a court for a production order or use powers under the Investigatory Powers Act 2016.

You cannot be compelled to reveal your phone passcode or PIN unless the police obtain a notice under s.49 of the Regulation of Investigatory Powers Act 2000 (RIPA). Failure to comply with such a notice is an offence under s.53 of RIPA, carrying a maximum of two years' imprisonment (or five years where the case involves national security or child indecency).

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Last updated 16 October 2026