Phone SeizedCompare jurisdictionsWhat can they actually get?

What can they actually get?

Applies to: England & Wales · Scotland · Australia · United States. The law differs materially between jurisdictions this site covers — do not apply this page outside the one named here. Law also varies by state and territory in Australia — this page does not describe every state or territory. Law also varies by state, and by federal circuit, in the United States — this page does not describe every state or circuit.

What can they actually get?

What can they actually get? — one column per jurisdiction, each answer quoted to its source.
England & Wales	Scotland	Australia	United States
A report says In England and Wales, the Information Commissioner’s Office’s June 2020 report on mobile phone data extraction by police forces said that police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law. ICO, Mobile phone data extraction by police forces in England and Wales (June 2020) “police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law.” Read it at ico.org.ukquote checked 2026-09-08	Agency says: a limit applies In Scotland, Police Scotland’s cyber kiosks page says it will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation. Police Scotland, "Cyber kiosks" — legal basis “We will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation.” Read it at scotland.police.ukquote checked 2026-09-08	They can In Australia, s.186A(1) of the Customs Act 1901 (Cth) says that if a document is examined under section 186 or 186AA and, as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to an importation or exportation, or a proposed importation or exportation, of prohibited goods, the commission or attempted commission of any other offence against that Act or of any offence against a prescribed Act, the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 or section 6 of the Intelligence Services Act 2001, or security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979), the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience to make such a copy or take such an extract. Customs Act 1901 (Cth), s.186A(1) — power to copy documents and data (Compilation No. 193, 19 Sep 2026) “a document is examined under section 186 or 186AA; and—as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to:—an importation or exportation, or to a proposed importation or exportation, of prohibited goods; or—the commission or attempted commission of any other offence against this Act or of any offence against a prescribed Act; or—the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979; or—the performance of functions under section 6 of the Intelligence Services Act 2001; or—security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);—the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience, to make such a copy or take such an extract.” Read it at legislation.gov.auquote checked 2026-10-02	A report says In the United States, Upturn’s October 2020 report “Mass Extraction” says that law enforcement agencies use mobile device forensic tools (MDFTs), a powerful technology that allows police to extract a full copy of data from a cellphone, and that, based on 110 public records requests to state and local law enforcement agencies across the country, its research documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia. Upturn, "Mass Extraction", October 2020 “law enforcement agencies use mobile device forensic tools (MDFTs), a powerful technology that allows police to extract a full copy of data from a cellphone—Based on 110 public records requests to state and local law enforcement agencies across the country, our research documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.” Read it at upturn.orgquote checked 2026-10-01

England & Wales
A report says
In England and Wales, the Information Commissioner’s Office’s June 2020 report on mobile phone data extraction by police forces said that police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law.
ICO, Mobile phone data extraction by police forces in England and Wales (June 2020)
“police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law.”
Read it at ico.org.ukquote checked 2026-09-08
Scotland
Agency says: a limit applies
In Scotland, Police Scotland’s cyber kiosks page says it will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation.
Police Scotland, "Cyber kiosks" — legal basis
“We will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation.”
Read it at scotland.police.ukquote checked 2026-09-08
Australia
They can
In Australia, s.186A(1) of the Customs Act 1901 (Cth) says that if a document is examined under section 186 or 186AA and, as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to an importation or exportation, or a proposed importation or exportation, of prohibited goods, the commission or attempted commission of any other offence against that Act or of any offence against a prescribed Act, the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 or section 6 of the Intelligence Services Act 2001, or security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979), the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience to make such a copy or take such an extract.
Customs Act 1901 (Cth), s.186A(1) — power to copy documents and data (Compilation No. 193, 19 Sep 2026)
“a document is examined under section 186 or 186AA; and—as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to:—an importation or exportation, or to a proposed importation or exportation, of prohibited goods; or—the commission or attempted commission of any other offence against this Act or of any offence against a prescribed Act; or—the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979; or—the performance of functions under section 6 of the Intelligence Services Act 2001; or—security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979);—the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience, to make such a copy or take such an extract.”
Read it at legislation.gov.auquote checked 2026-10-02
United States
A report says
In the United States, Upturn’s October 2020 report “Mass Extraction” says that law enforcement agencies use mobile device forensic tools (MDFTs), a powerful technology that allows police to extract a full copy of data from a cellphone, and that, based on 110 public records requests to state and local law enforcement agencies across the country, its research documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.
Upturn, "Mass Extraction", October 2020
“law enforcement agencies use mobile device forensic tools (MDFTs), a powerful technology that allows police to extract a full copy of data from a cellphone—Based on 110 public records requests to state and local law enforcement agencies across the country, our research documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.”
Read it at upturn.orgquote checked 2026-10-01

How far can they actually get in

What the vendor documentation says is reachable in each device state — not what any tool can do.

Off / before first unlock
The Android Open Source Project’s file-based encryption documentation says that on an FBE-enabled device each user has two storage locations available to apps, one of which is Device Encrypted (DE) storage, which is a storage location available both during Direct Boot mode and after the user has unlocked the device.
Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-10-04
“On an FBE-enabled device, each user of the device has two storage locations available to apps:—Device Encrypted (DE) storage, which is a storage location available both during Direct Boot mode and after the user has unlocked the device.”
Read it at source.android.comquote checked 2026-10-04
After first unlock
The Android Open Source Project’s file-based encryption documentation describes Credential Encrypted (CE) storage as the default storage location, and says it is only available after the user has unlocked the device.
Android Open Source Project, "File-based encryption" (source.android.com), as fetched 2026-09-08
“Credential Encrypted (CE) storage, which is the default storage location and only available after the user has unlocked the device.”
Read it at source.android.comquote checked 2026-09-08
Unlocked
Apple’s “About Lockdown Mode” page says that when Lockdown Mode is enabled some apps and features function differently, including “Device connections: to connect your iPhone or iPad to an accessory or another computer, the device needs to be unlocked.”
Apple, "About Lockdown Mode" (support.apple.com/en-gb/105120), as fetched 2026-09-08
“When Lockdown Mode is enabled, some apps and features will function differently, including:—Device connections: to connect your iPhone or iPad to an accessory or another computer, the device needs to be unlocked.”
Read it at support.apple.comquote checked 2026-10-01
Cloud & carrier
Apple’s iCloud data security overview says that if you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it.
Apple, "iCloud data security overview" (support.apple.com/en-gb/102651), as fetched 2026-10-01
“you can choose to enable Advanced Data Protection to protect the vast majority of your iCloud data—If you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it”
Read it at support.apple.comquote checked 2026-10-01

The short answer, country by country

In England & Wales, the Information Commissioner’s Office’s June 2020 report on mobile phone data extraction by police forces said that police data extraction practices vary across the country, with excessive amounts of personal data often being extracted, stored, and made available to others, without an appropriate basis in existing data protection law.

In Scotland, Police Scotland’s cyber kiosks page says it will only examine a digital device where there is a legal basis and where it is necessary, justified and proportionate to the incident or crime under investigation.

In Australia, s.186A(1) of the Customs Act 1901 (Cth) says that if a document is examined under section 186 or 186AA and, as a result of that examination, an officer of Customs is satisfied that the document or part of the document may contain information relevant to an importation or exportation, or a proposed importation or exportation, of prohibited goods, the commission or attempted commission of any other offence against that Act or of any offence against a prescribed Act, the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979 or section 6 of the Intelligence Services Act 2001, or security (within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979), the officer of Customs may make a copy of, or take an extract from, the document, or arrange for another officer of Customs or other person having the necessary experience to make such a copy or take such an extract.

In the United States, Upturn’s October 2020 report “Mass Extraction” says that law enforcement agencies use mobile device forensic tools, a powerful technology that allows police to extract a full copy of data from a cellphone, and that, based on 110 public records requests to state and local law enforcement agencies across the country, its research documents more than 2,000 agencies that have purchased these tools, in all 50 states and the District of Columbia.

What the phone makers’ documentation says, by device state

The lines below are what Apple’s and Android’s own documentation says for each device state. They describe what the vendors document, not what any particular extraction tool can or cannot reach:

Off / Before First Unlock: the Android Open Source Project’s file-based encryption documentation says that on an FBE-enabled device each user has two storage locations available to apps, one of which is Device Encrypted (DE) storage, which is a storage location available both during Direct Boot mode and after the user has unlocked the device.
After First Unlock: the Android Open Source Project’s file-based encryption documentation describes Credential Encrypted (CE) storage as the default storage location, and says it is only available after the user has unlocked the device.
Unlocked: Apple’s “About Lockdown Mode” page says that when Lockdown Mode is enabled some apps and features function differently, including “Device connections: to connect your iPhone or iPad to an accessory or another computer, the device needs to be unlocked.”
Cloud: Apple’s iCloud data security overview says that if you enable Advanced Data Protection and then lose access to your account, Apple will not have the encryption keys to help you recover it.

Read further

See what a full extraction actually contains, what lives in the cloud and with your carrier, and lock state, Lockdown Mode and GrapheneOS. Deep pages: England & Wales, Scotland, Australia.

This question, jurisdiction by jurisdiction

Crime & Policing Act 2026: account extraction, not in forceEngland & Wales · Scotland · Northern Ireland
Phone extraction under the PCSC Act 2022: ss.37, 39 and 40England & Wales · Scotland · Northern Ireland
What happens when police examine a seized phoneEngland & Wales
Seizure and cyber kiosks in ScotlandScotland
Deleted is not gone — but it is not all recoverable eitherEngland & Wales · Scotland · Northern Ireland · Australia · United States
What Apple and Android’s own security notes sayEngland & Wales · Scotland · Northern Ireland · Australia · United States
What a 'full file system' extraction actually containsEngland & Wales · Scotland · Northern Ireland · Australia · United States
What a phone extraction can actually seeEngland & Wales · Scotland · Northern Ireland · Australia · United States

More in this section

Last reviewed 2026-10-04. Next review due 2026-12-08. No lawyer has reviewed this page — see [email protected] if you think something here is wrong.