Can police search your phone? The short answer
In Victoria, police generally need lawful authority to search the contents of your phone. The clearest source of that authority is a search warrant issued by a magistrate. A warrant can authorise police to access, copy and print data from phones and other devices, and can even require you to help them get in (Crimes Act 1958 (Vic) ss 465AAAAF and 465AAA).
Here is how it works in the most common situations:
| Situation | Can police look through your phone? |
|---|---|
| Police have a search warrant for premises where your phone is | Yes. The warrant authorises them to access, copy and convert data on devices at the premises (s 465AAAAF). |
| Police have seized your phone under a warrant | Yes, including after it has been taken away (s 465AAAAF(a)(ii)). |
| Police ask for your passcode under a warrant direction or court order | You may have to give it if police have a specific warrant requiring you to provide access. Refusing without reasonable excuse can be an offence (ss 465AAA, 465AA, Commonwealth Crimes Act 1914 s3LA). |
| Police ask to look at your phone with no warrant | You can generally refuse. Do not physically resist. |
| You are arrested | Police may seize your phone or computer property as evidence, but searching the data is a separate question and usually requires a separate warrant. |
| You are entering Australia at an airport | Commonwealth border officers have broad examination powers to examine goods and things passing through airports. |
The rest of this guide explains each situation, your rights, and what to do if police want your phone.
Searching your phone with a warrant
A magistrate can issue a search warrant when satisfied there are reasonable grounds to believe that a place, receptacle or vehicle contains, or will contain within the next 72 hours, things connected with certain offences. These include anything that will afford evidence of an offence (Crimes Act s 465(1)). The warrant authorises police to search for those things and to seize and hold them (s 465(1)).
What a warrant allows police to do with devices
A search warrant issued under section 465 authorises a police officer executing it to (s 465AAAAF):
- access data held in, or accessible from, a computer or data storage device that is on the warrant premises, or that has been seized under the warrant and taken elsewhere
- copy that data to another storage device
- convert that data into documentary form, such as printouts.
The Crimes Act defines "data storage device" and related terms in section 247A(1) (s 465AAA(8) applies those meanings). In practice, a phone, tablet, hard drive, USB or laptop found during a search is likely to fall within these powers.
The words "accessible from" matter. They can extend to data stored remotely, such as cloud accounts, that can be reached from the device.
How long can police keep your phone?
Police can hold or retain a seized thing for as long as is reasonably required for the investigation of the offence, or for a criminal proceeding for that offence (s 465(1A)). The Act also sets out procedures for applications about seized property by police. If you are looking to have any devices returned following a proceeding you should speak to your lawyer about this as devices are often ordered to be forfeited or destroyed.
Do you have to give police your passcode?
Sometimes, yes. Victoria has two ways police can legally require you to help them unlock a device.
1. A direction under a search warrant (s 465AAA)
A search warrant can authorise police to direct a specified person to provide the information or assistance that is reasonable and necessary to access, copy or convert data on a device (s 465AAA(1)–(2)). This can include a passcode or password.
The magistrate can only authorise the direction if satisfied that (s 465AAA(3)):
- there are reasonable grounds to suspect that data on the device will afford evidence of an indictable offence
- the person is connected to the device, for example as its owner or lessee, an employee of the owner, a contractor, someone who uses or has used it, or a system administrator
- the person has relevant knowledge of the device or the measures protecting its data.
2. A Magistrates' Court assistance order (s 465AA)
Once a search warrant has been issued, police can also apply to the Magistrates' Court for an order requiring a specified person to provide information or assistance to access data. The application can be made at the same time as the warrant application or later (s 465AA(2), (4)). The court applies similar criteria (s 465AA(5)).
What if you refuse?
It is an offence to fail to comply with a direction under s 465AAA without reasonable excuse, if you have the relevant knowledge and police have told you about the direction and that failing to comply is an offence. The maximum penalty is level 7 imprisonment (2 years), and the offence is a summary offence (s 465AAA(4)–(6)).
You cannot refuse on the ground that giving the information might incriminate you (s 465AAA(7); s 465AA(6)).
Without a warrant or order
These powers depend on a warrant or court order. If police simply ask for your passcode without either, you are generally not required to give it. If you are unsure whether a valid direction has been made, ask to see the warrant or order and ask to speak to a lawyer.
Can police search your phone without a warrant?
The data-access and passcode powers in the Crimes Act described above are tied to a search warrant or a court order. Outside those powers, the position is less clear-cut, and the answer depends on the situation.
If police ask to look at your phone
If police ask to look through your phone and they have no warrant, you can generally say no. If you agree, anything they see may be used as evidence. Consent should be a real choice, so you can ask whether you are required to hand it over and on what legal basis. If you ask this question, make the police tell you specifically whether you have to or not.
If you are arrested
Police can arrest a person without a warrant if they believe on reasonable grounds that the person has committed an indictable offence (Crimes Act s 459(1)). Police may take property, including a phone, from a person in custody under what is usually called a ‘safety and evidence search’. But taking a phone is not the same as being authorised to search its contents. Police will usually need a warrant to access the data.
If police enter your home to arrest someone
Police can enter and search any place where they believe on reasonable grounds a person is, in order to arrest that person for a serious indictable offence or because they are escaping custody. They can use reasonable force if necessary (s 459A). This is a power to find a person, not a general power to search devices. They might be able to seize certain devices but can’t generally compel you to give access to those devices without a warrant.
At the airport or border
When you enter or leave Australia, Commonwealth officers have powers to examine goods, including electronic devices, that differ from Victorian police powers. Under the Customs Act 1901 (Cth), Border Force Officers have broad powers to search and access devices passing through airports or border checkpoints. If you are concerned about a device search at the border, get specific advice.
What to do if police want your phone
Stay calm and polite, and do not physically resist. Resisting police can lead to separate charges. Instead:
- Ask whether they have a warrant or court order, and ask to see it.
- Ask what power they are relying on if they say you must hand over your phone or passcode.
- Do not delete or change anything on the device. Destroying evidence is a serious offence and the definition can extend to data or documents that are “reasonably likely” to be required as evidence in a legal proceeding.
- Say you want to speak to a lawyer before you answer questions or give a passcode, unless you have been lawfully directed to provide it.
- Write down what happened as soon as you can, including names, times and what was said. Make sure you get the details of the officers who search you. They are required to give you that information.
What if police search your phone unlawfully?
Evidence obtained improperly or illegally is not automatically thrown out, but a court can exclude it. In Victoria, section 138 of the Evidence Act 2008 (Vic) allows a court to exclude evidence obtained improperly or in contravention of an Australian law, unless the desirability of admitting it outweighs the undesirability of admitting it. The right to privacy in section 13 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) can also be relevant in seeking to exclude evidence.
If you think your phone was searched without lawful authority, tell your lawyer. It may affect whether the evidence can be used against you.
How a lawyer can help
Phone evidence is often central to modern criminal cases, from drug and fraud charges to family violence and sexual offences. A criminal lawyer can:
- check whether a warrant, direction or court order was validly issued and properly executed
- advise whether you must provide a passcode, and the risks of refusing (ss 465AAA, 465AA)
- seek the return of a seized phone once it is no longer reasonably required (s 465(1A))
- challenge the use of evidence obtained without lawful authority (Evidence Act s 138).
If police have taken your phone or asked for your passcode, contact Criminal Solicitors Melbourne for advice. Call (03) 8644 7322 or book an appointment online.
Frequently asked questions
Can Victorian police force me to unlock my phone?
Only in certain circumstances. If a search warrant authorises a direction under s 465AAA, or the Magistrates' Court makes an order under s 465AA, you may be required to provide your passcode. Failing to comply with a s 465AAA direction without reasonable excuse carries up to 2 years' imprisonment (s 465AAA(5)).
Can I refuse to give my passcode because it might incriminate me?
No. The Act says you are not excused from complying on that ground (s 465AAA(7); s 465AA(6)).
Can police look at my phone at a roadside stop?
A roadside stop does not by itself give police authority to search the contents of your phone. If they ask, you can ask what power they are relying on.
How long can police keep my phone?
As long as is reasonably required for the investigation or a criminal proceeding (s 465(1A)).
Can police access my cloud accounts?
A warrant authorises access to data held in, or accessible from, a device on the warrant premises or seized under the warrant (s 465AAAAF). How far this extends to cloud data depends on the facts but the definition is designed to be broad.
Important information
This article provides general information about Victorian law as at October 2026. It is not legal advice. Police powers depend on the circumstances, so speak to a qualified criminal lawyer about your situation.
Sources
- Crimes Act 1958 (Vic), Authorised Version No. 323, incorporating amendments as at 30 September 2026: ss 459, 459A, 465, 465AAAAF, 465AAA and 465AA.
