Can the police check cell phones?

In police enforcement, they sometimes check text messages, call records, photos, videos and other information on citizens’ mobile phones. This involves many issues such as the protection of civil rights, the boundaries of police law enforcement powers, and the interpretation of relevant legal terms.

According to Section 116ACriminalProcedureCode, if the police suspect that you are involved in crimes endangering national security (crimes include stealing state secret documents, planning to overthrow the royal family, being involved in terrorist organization activities, and being involved in criminal group activities, if you want a complete list, you can Refer to Chapter VI, VIA & VIBPenal Code), and there is a police officer with the rank of Inspector or above on the scene (please refer to Figure 2 for how to identify the police officer with Inspector or above). The police can check your mobile phone without a search warrant.

1. Police officers are required to show their police ID to prove they are legitimate police officers.

2. Ask the police why they want to search your phone.

3. If the reason is unreasonable, you can share the above knowledge with the police.

4. If the reason is consistent with the above Section116ACriminalProcedureCode, please cooperate with the police investigation.

5. If the police forces you to check your phone under unreasonable circumstances and you are worried about your own personal safety, if you have friends around you, ask them to video or record you (so that it can be used as evidence later. If you can’t help it, it doesn’t matter. ) and then give the phone to the police for inspection.

I hope the above content will be helpful to you. If you still have any questions, please consult a professional lawyer.

Legal basis:

Article 87 of the "Public Security Management Punishment Law" stipulates: "Public security organs may inspect places, objects, and persons related to violations of public security management. During the inspection, the number of people's policemen shall not be less than two, and they shall present their work certificates and inspection certification documents issued by the public security organs of the people's governments at or above the county level. If it is really necessary to conduct an immediate inspection, the people's policemen may conduct an inspection on the spot upon presentation of their work certificates. However, when inspecting a citizen’s residence, an inspection certification document issued by the public security agency of the people’s government at or above the county level shall be produced.” Article 205 also stipulates: “In order to collect criminal evidence and detect criminals, investigation shall be conducted with the approval of the person in charge of the public security agency at or above the county level. Personnel may search the bodies, belongings, residences and other relevant places of criminal suspects and persons who may be hiding criminals or criminal evidence.”