Does the police have the right to confiscate phones?

OrganThe police have the right to temporarily detain and confiscate, check a citizen's phone if that phone is evidence of an administrative violation; is evidence of a criminal case; related to law violations (administrative, criminal). The temporary detention and confiscation of phones must be based on grounds and comply with the provisions of law. Citizens have the right to complain and denounce if the temporary seizure or confiscation of phones is not in accordance with the law.

Cases in which citizens' phones can be confiscated and examined:

- According to Article 87; 99, Criminal Procedure Code, mobile phones are electronic data because the phone is the medium that stores written words, numbers, images, sounds or similar forms that are created, stored and transmitted. or received by electronic means.

Electronic data is one of seven sources of valuable evidence to prove crimes and other violations of law. The Police have the right to seize electronic data (mobile phones) according to Article 88; 89; 90; 107, 196, Criminal Procedure Code aims to: Detect and prevent criminal acts; Collect and consolidate documents and evidence to prove crimes and offenders; Collect documents related to resolving cases or ensuring enforcement of judgments and penalties.

According to Article 196, Criminal Procedure Code, the process of confiscating electronic data (mobile phones) can confiscate attached peripheral devices and related documents, so it is necessary to request the device owner to Electronically providing electronic data passwords is completely legal to exploit, check, verify, and collect information and data related to the case being resolved.

- In addition to confiscating and checking mobile phones according to the Criminal Procedure Code, the Police can confiscate and check mobile phones according to the provisions of the Law on Handling of Administrative Violations in case of prevention. prevent violations, prevent the dispersal and destruction of evidence; Verify violations or ensure the handling of administrative violations.