criminal-law united-kingdom england-and-wales police search-and-seizure
Can the police seize your phone without a warrant UK?
<p>This question relates to the seizure of a mobile phone (cell phone) in the United Kingdom, focusing on England and Wales which has a different system to Scotland.</p>
<p>If the police arrest someone over a rape allegation, I understand that the police take the suspect's phone as it might contain evidence. Would the police require a warrant to seize the phone, in particular if the phone is not on the suspect at the time of the arrest (say the police arrest the suspect in their home) but in another room on the shelf?</p>
<p>I would be curious to know if being outside at the time, or if the offence were something different, changed anything in regards to the police being able to make a seizure of a phone.</p>

<p><strong>Can the police seize your phone without a warrant UK?</strong></p>
<p><strong>YES</strong>
An arrest on suspicion of rape (an indictable offence) triggers two powers under the Police and Criminal Evidence Act 1984 (PACE) to search premises for evidence without a warrant. Which power depends on where the arrest was made:</p>
<p><strong><a href="https://www.legislation.gov.uk/ukpga/1984/60/section/32?timeline=false" rel="noreferrer">s.32(2)(b) PACE</a>:</strong></p>
<blockquote>
<p>if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.</p>
</blockquote>
<p>Note that s.32(2)(b) does not have the power of seizure attached, but the officer can use the &quot;General Power of Seizures&quot; at <a href="https://www.legislation.gov.uk/ukpga/1984/60/section/19?timeline=false" rel="noreferrer">s.19 PACE</a></p>
<p><strong><a href="https://www.legislation.gov.uk/ukpga/1984/60/section/18?timeline=false" rel="noreferrer">s.18 PACE</a>:</strong></p>
<blockquote>
<p>(1) ... a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence...</p>
<p>(2) A constable may seize and retain anything for which he may search under subsection (1) above.</p>
</blockquote>
<p><strong>IF</strong>... the phone is not on the suspect at the time of the arrest (say the police arrest the suspect in their home) but in another room on the shelf - either s.32(2)(b) or s.18 would apply</p>
<p><strong>IF</strong>... being outside at the time - s.32(2)(b) possibly if he had just left, s.18 otherwise.</p>
