Digital devices are now evidence in most investigations, so the police move quickly to secure them before data can be deleted. This is what the law allows, and what you can expect.

The powers

  • Section 19 of PACE allows an officer who is lawfully on premises to seize anything they reasonably believe is evidence of an offence, or was obtained through one, where seizure is necessary to prevent it being concealed, lost, altered or destroyed. This covers phones, laptops, tablets, hard drives, games consoles, routers and smart home devices.
  • Section 20 extends that to information stored electronically: officers can require it to be produced in a form they can take away and read.
  • Section 50 of the Criminal Justice and Police Act 2001 ("seize and sift") allows officers to take away items they cannot examine on the spot, such as a whole computer, even if only part of the contents is relevant. Material that turns out to be irrelevant, or legally privileged, must be returned.
  • Section 32 of PACE allows a search of a person on arrest, including their phone.
  • Devices can also be seized under a search warrant that names them.

What usually happens

In cases involving digital evidence the police often attend your home early in the morning, with enough officers to cover the exits, and may arrest you at the door before searching. They are entitled to seize every device that could reasonably hold evidence, and if nobody is there to say which devices belong to whom, they will take all of them. Devices belonging to other household members are frequently taken too; they can be returned sooner if ownership and irrelevance are quickly established.

If officers knock and you are inside, open the door. If they have a power of entry and you do not, they will force it and you may be left with the repair bill. Do not attempt to hide, wipe or damage devices once you know the police are there: that can be a separate and serious offence (perverting the course of justice), often easier to prove than whatever they came for.

Your rights when devices are seized

  • A written record of everything seized. Under section 21 of PACE you can ask for a record within a reasonable time, and the Notice of Powers and Rights left after a search should explain this.
  • Access or a copy. You can ask for access to seized items, or for a copy of data (for example documents you need for work), unless the officer in charge reasonably believes that would prejudice the investigation.
  • Return. Items must be returned when they are no longer needed as evidence or for forensic examination (section 22). In practice phones and computers are often held for many months while forensic units work through a backlog. Your solicitor can press for return or for a copy of essential data.
  • Challenging seizure. If you think items were seized unlawfully, or are being retained without justification, you can apply to a magistrates' court (or the Crown Court) for their return, and complain to the force.

Passwords

Officers will ask for your passcodes. You are not obliged to give them unless a formal notice is served under section 49 of RIPA; see our separate guides. Take legal advice before answering.

Practical steps

Ask for the seizure record and check it against what was taken. Note serial numbers if you can. Tell your solicitor about anything on the devices that is legally privileged (correspondence with lawyers), or that you urgently need. If devices belonging to family members were taken, provide proof of ownership early to get them back.

This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.