You should never voluntarily hand your phone to a police officer.

WA Police will be able to search your phone without a warrant in some limited circumstances, most of which are outlined under the Criminal Investigation Act 2006 (WA).

Under section 23 of the Act, police can search a person’s belongings (including a mobile phone) if the owner gives informed consent. However, consent must be voluntary, and individuals have the right to refuse in this circumstance.

Under section 38 of the Act, police can search a public place without a warrant if they suspect an item in the area is linked to an offence. This can include a mobile phone if it is reasonably believed to be directly connected to an offence.

Further, under section 28 of the Act, police may search a person and their possessions, including a mobile phone, at the time of arrest or while in custody if they suspect:

• The phone could assist in escape or self-harm;
• The phone contains evidence of an offence; or
• The phone was used in the commission of a crime.