Compare jurisdictions
| Question | England & Wales | Scotland | Australia | United States |
|---|---|---|---|---|
| Can they take my phone? | They canPolice and Criminal Evidence Act 1984, s.19(3) | They canCriminal Justice (Scotland) Act 2016, s.47(1), (2) and (3)(b) | They canCrimes Act 1914 (Cth), s.3F(1)(c)–(e) — search and seizure under a warrant in relation to premises (Compilation No. 167, 27 Aug 2026) | They canFed. R. Crim. P. 41(e)(2)(B) |
| Must I give them the passcode? | Must — refusing is an offenceRegulation of Investigatory Powers Act 2000, s.53(1) | Must — refusing is an offenceRegulation of Investigatory Powers Act 2000, s.53(1) | Must — refusing is an offenceCrimes Act 1914 (Cth), s.3LA(5) — penalty tier one (Compilation No. 167, 27 Aug 2026) | UnsettledState v. Andrews, 234 A.3d 1254 (N.J. Aug. 10, 2020), opinion of the Court (Solomon, J.), Part III.B.3 (the court's description of other courts' decisions, not its holding) |
| Can they use my face or fingerprint? | Must — refusing is an offenceTerrorism Act 2000, Sch.7 para 18(1) | Must — refusing is an offenceTerrorism Act 2000, Sch.7 para 18(1) | They canLaw Enforcement (Powers and Responsibilities) Act 2002 (NSW), s.76AM(1) and (2) — direction to give information or assistance, including in accessing data secured by biometric means | UnsettledUnited States v. Payne, 99 F.4th 495 (9th Cir. 2024) |
| Do they need a warrant? | A limit appliesPolice and Criminal Evidence Act 1984, s.8(1) | — | A limit appliesCrimes Act 1914 (Cth), s.3E(1) — when a search warrant can be issued (Compilation No. 167, 27 Aug 2026) | A limit appliesRiley v. California, 573 U.S. 373 (2014) |
| What can they actually get? | A report saysICO, Mobile phone data extraction by police forces in England and Wales (June 2020) | Agency says: a limit appliesPolice Scotland, "Cyber kiosks" — legal basis | They canCustoms Act 1901 (Cth), s.186A(1) — power to copy documents and data (Compilation No. 193, 19 Sep 2026) | A report saysUpturn, "Mass Extraction", October 2020 |
| How long can they keep it — or the data? | They canPolice and Criminal Evidence Act 1984, s.22(1) | Agency says: a limit appliesPolice Scotland, "Cyber kiosks" — no persistent storage | Agency says: a limit appliesSenate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — retention policy | Agency says: a limit appliesCBP Directive No. 3340-049B §§5.6.1, 5.6.2, 5.6.4 (eff. 1 Jan 2026) |
| Can I get it back, or get the data deleted? | A limit appliesExtraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138 | A limit appliesExtraction of Information from Electronic Devices: Code of Practice (Oct 2022), paras 1, 4 and 138 | A limit appliesCrimes Act 1914 (Cth), s.3ZQX(1)–(2) — return of a thing seized under Division 2 or 4, and when return is not required (Compilation No. 167, 27 Aug 2026) | A limit appliesFed. R. Crim. P. 41(g) |
| At the border? | Must — refusing is an offenceTerrorism Act 2000, Sch.7 para 18(1) | Must — refusing is an offenceTerrorism Act 2000, Sch.7 para 18(1) | Agency says: may refuseSenate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — no legal compulsion | Agency says: mustCBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026) |
- Must — refusing is an offence
- : the quoted law makes failing to comply an offence
- They can
- : the quoted law gives officers this power, or preserves a rule of law under which they have it
- A limit applies
- : the quoted law or statutory code limits what officers may do, or gives you a remedy
- Unsettled
- : a court is quoted saying courts have reached different conclusions
- A report says
- : a regulator’s or NGO’s report is quoted; it is not a statement of what the law allows
- Agency says: …
- : the agency’s own policy or statement is quoted; it is not legislation or a court ruling
- —
- : not sourced on this site
- Can they take my phone?England & Wales · Scotland · Australia · United States
Can police take your phone? England & Wales (PACE), Scotland (2016 Act s.47), Australia (Crimes Act s.3F) and US (Rule 41, Riley), each quoted.
- Must I give them the passcode?England & Wales · Scotland · Australia · United States
RIPA s.53: knowingly failing to make the disclosure a s.49 notice requires is an offence in England & Wales and Scotland. Australian orders too; US courts vary.
- Can they use my face or fingerprint?England & Wales · Scotland · Australia · United States
Schedule 7 (UK): what the Code says about thumb or finger unlock, and the paragraph 18(1) offence quoted in full. US: two thumb-unlock appeals cases.
- Do they need a warrant?England & Wales · Scotland · Australia · United States
Riley v. California: to search a phone seized on arrest, “get a warrant”. England & Wales and Australia premises-warrant conditions, quoted side by side.
- What can they actually get?England & Wales · Scotland · Australia · United States
What the ICO, Police Scotland, Australian customs law and Upturn say about phone extraction, and what Apple and Android document for each device state.
- How long can they keep it — or the data?England & Wales · Scotland · Australia · United States
PACE s.22, subject to s.22(4): items kept “so long as is necessary in all the circumstances”. A 2022 Border Force answer and CBP’s directive state day limits.
- Can I get it back, or get the data deleted?England & Wales · Scotland · Australia · United States
A UK Code says data extracted under its own powers and deemed not relevant must be deleted; s.59 CJPA lets you apply for seized property back. US: Rule 41(g).
- At the border?England & Wales · Scotland · Australia · United States
Schedule 7 (UK): what the Code says about device passwords, and the paragraph 18(1) offence quoted in full. ABF and CBP on devices at the border.