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Police can only search phones of arrested individuals: Daveta

June 17, 2026 7:48 am

[Photo: FILE]

The Permanent Secretary for Policing says concerns surrounding a proposed provision in the Police Bill allowing access to mobile phones have been misunderstood.

Questions have been raised over whether the bill would permit police to conduct warrantless searches of personal devices, with some critics arguing it could infringe on privacy and human rights.

However, PS for Policing Berenado Daveta says the provision only applies in specific circumstances and under legal authority.

“I’m not sure whether it’s an unwarranted search. I think it’s a search under warrant to be able to access information which could be evidence against somebody who has been involved in drug trafficking.”

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Daveta stressed that police would not be allowed to randomly access the phones of members of the public.

“Otherwise, no one has the right just to pick up anybody’s phone. And I think there is a misinterpretation going on on this.”

He says access to information stored on mobile devices would be limited to individuals already arrested and would be used strictly for evidentiary purposes.

“It’s the phones of those who have been arrested under warrant that police will have to access the information in the phones for the purpose of evidence to be presented in court.”

The clarification comes as debate continues over provisions within the proposed Police Bill and their implications for privacy, law enforcement powers and the fight against drug-related crime.