Do the police have the right to confiscate mobile phones?

If the mobile phone is taken to the police station and confiscated, it means that it has been summoned. According to the law, the summoned person should undergo a physical examination according to law, including carrying articles. These items were not confiscated, but were temporarily detained. After examination and summoning, it will be returned to the parties or their families according to the processing results.

If a person is caught by the police, the police will not confiscate his mobile phone.

The police will keep his mobile phone for the time being instead of confiscating it. Confiscation means that the mobile phone will not be returned. When the customer leaves the police station, the police will return his mobile phone.

Confiscation means the confiscation and collection of personal money, goods and other illegal income. A deeper understanding can be divided into:

1, a penalty, that is, confiscation of property;

2. Compulsory measures in litigation. Such as the confiscation of personal property used by criminals for criminal activities;

3. Compulsory measures in administrative management. Such as confiscation of all tools used for illegal activities by people who violate the administration of public security;

4. An administrative penalty. Such as the confiscation of drugs produced and sold in violation of the Drug Administration Law;

5. A revolutionary measure. Such as the confiscation of landlord land and bureaucratic capital after the establishment of New China.

Confiscation of property refers to the penalty method of forcibly nationalizing part or all of the property of criminals without compensation. Confiscation of property can only be applied to crimes punishable by confiscation according to the specific provisions of the criminal law. Judging from the provisions of the relevant sub-rules, it is mainly applicable to crimes endangering national security, crimes undermining the order of the socialist market economy, crimes against property and crimes of corruption and bribery.

legal ground

The People's Republic of China People's Police Law

Fifteenth people's police perform their duties according to law, under any of the following circumstances, when holding a law enforcement certificate, they can check the resident identity card:

1. It is necessary to find out the identity of the criminal suspect;

(two) when implementing on-site control according to law, it is necessary to find out the identity of the relevant personnel;

(3) In case of an emergency that seriously endangers social security, it is necessary to find out the identity of the relevant personnel at the scene;

(four) during major events in railway stations, long-distance bus stations, ports, docks, airports or places designated by the Municipal People's government, it is necessary to find out the identity of the relevant personnel;

(five) other circumstances required by law.

In any of the circumstances listed in the preceding paragraph, if the people's police refuse to check the resident identity card, they shall take measures to deal with it in accordance with relevant laws and regulations.

No organization or individual may detain a resident identity card. However, unless the public security organ executes the compulsory measures of residential surveillance in accordance with the Criminal Procedure Law of People's Republic of China (PRC).

Twenty-second people's police shall not have the following acts:

(1) Spreading remarks damaging the reputation of the country, joining illegal organizations, participating in assemblies, processions, demonstrations and other activities aimed at opposing the country, and participating in strikes;

(2) divulging state secrets and police work secrets;

(three) practicing fraud, concealing the case, covering up and conniving at illegal and criminal activities;

(4) extorting confessions by torture, corporal punishment or maltreating criminals;

(five) illegally depriving or restricting the personal freedom of others, and illegally searching the body, articles, residence or place of others;

Blackmailing or soliciting or accepting bribes;

(seven) beating others or instructing others to beat others;

Illegal punishment or charging fees;

(nine) accept the parties and their agents to treat and give gifts;

(10) engaging in profit-making business activities or being employed by any individual or organization;

(eleven) dereliction of duty and failure to perform legal obligations;

(twelve) other violations of law and discipline.

People's Republic of China (PRC) Public Security Administration Punishment Law

Article 89 When handling a public security case, the public security organ may seize articles related to the case that need to be used as evidence; Property lawfully possessed by the infringer or a bona fide third party shall not be seized and shall be registered. Articles irrelevant to the case shall not be detained.

The seized articles shall be checked clearly with the witnesses present and the holders of the seized articles, and a list shall be made on the spot in duplicate, which shall be signed or sealed by the investigators, witnesses and holders, and one copy shall be kept by the holders for future reference.

The seized articles shall be properly kept and shall not be used for other purposes; Articles that are not suitable for long-term preservation shall be handled in accordance with relevant regulations. If it is found that it has nothing to do with the case, it shall be returned in time; If it is verified to be the lawful property of others, it shall be returned immediately after registration; Six months unclaimed or unable to identify the right holder, public auction or in accordance with the relevant provisions of the state, the proceeds turned over to the state treasury.