VIC Can police search your mobile phone

Discussion in 'Criminal Law Forum' started by duffer, 13 December 2017.

  1. duffer

    duffer Member

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    What are the rules for police seizing and searching your phone without your permission
     
  2. sammy01

    sammy01 Well-Known Member

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    did they find anything?
    My thoughts - cops can be bullies. Did you communicate to them that you did not give consent for them to look at your phone? I think they will work on the assumption that unless you express refusal they can do what they want... I don't like cops
     
  3. Rod

    Rod Lawyer
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    Possibly, what is the nature of the offence they claim occurred?
     
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  4. Simzy

    Simzy Member

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    ^^ Yes Sammy01 is somewhat right on the mark there! Unfortunately most coppers like 2 flex their muscles & authority, and will often conduct unlawful searches without a warrant (technically rendering them illegal) and theyll bend rules/law 2 suit them & do whatever necessary 2 increase their prospects at securing a conviction! Notice... they really seem 2 hate an "Educated Customer" (sum1 atune & familiar with the law) often Ud see their attitudes change, almost becoming aggressive, as they go on the offence/defense. In a way can be quite funny!
    ...But No as far as I know & am aware, under normal circumstances they do need 2 obtain a warrant 2 search a mobile phone?! But theyll always find legal loopholes 2 bend & change law 2 work in their favor, just like Im pretty sure they apparently can search if theres suspected drug involvement/activity..? But still I dare say that theyd have 2 have sufficient cause & evidence, otherwise theyd be confiscating everybodys phones that maybe just happening 2 be passing thru "hotspot" areas such as Bankstown/Cabramatta, Sunshine/Footscray, Elizabeth/Smithfield, etc.. Is quite funny really, that theyve provided themselves this power & change in amendment 2 search the Personal phone of a petty small time dime bag pot dealer, whilst next door u probably got sum sick F_ _k taking pics & batting off 2 kiddy porn?!
    * Yeah seriously we got sum whacked & F"d up laws in Oz!!
     
  5. Tim W

    Tim W Lawyer
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    They don't always and automatically need your permission.
    Tell us the background to your question.
     
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