iPhone With Police

[mdar11]

Hi everyone, it's my first post and I don't have much legal experience so please be kind.

I was arrested for Harassment by the Police for calling too many times my ex. Released on bail (Pre Charge Conditional).

At at the interview with the DC and Solicitor, I was advised to say No Comment to everything as then DC said the a Caution was on the table (however that would really affect my future as it does come up on DBS.

So, at the end of the interview, the DC did say they needed my Pin for my 2 iPhones as it would speed up the process so my solicitor said "My client exercises his right to silence".

My question is, what legal rights do I have for the Police not to get into my phones. I have been told I could "Mark as Lost" or Erase this Device.

Has anyone had this Experience? Any advice would be most helpful.

Thank you.

[R0b]

My question is, what legal rights do I have for the Police not to get into my phones. I have been told I could "Mark as Lost" or Erase this Device.

Not much I think. I believe that once you have been arrested, the police have the power to seize your phone and search it for the purposes of investigating the alleged offence. There may be some guidance on the use of mobile phone data and the extent of the data being extracted, how long it is kept for etc.

If you were to erase the device or tamper with it in any way, you may be further arrested and charged with perverting the course of justice by interfering with an investigation.

[echat11]

Posted for information only - https://www.ashcottsolicitors.co.uk/...iminal%20cases.

[mdar11]

Not much I think. I believe that once you have been arrested, the police have the power to seize your phone and search it for the purposes of investigating the alleged offence. There may be some guidance on the use of mobile phone data and the extent of the data being extracted, how long it is kept for etc.

If you were to erase the device or tamper with it in any way, you may be further arrested and charged with perverting the course of justice by interfering with an investigation.

Thank you for your reply. Apology for the belated reply.

I did some research and apparently:

This could take several weeks or months. Sometimes, the police will clone or image your phone (i.e. extract all the data from it). Once this has been done, your phone will be returned to you.

I didn't give my pin or Password as was advised by my solicitor. I understand there's no need to provide any pin or Password as everyone has can exercise the right to remain silent.

I did not erase or tamper with it in any way (I could of erased the device / locked the device before being arrested.

I guess my query is I am patiently waiting for my phone to be picked up, I have a contract and paying monthly.
Can I ask my solicitor to ask the police about the progress of getting my phone back.
Also, can I get a new sim as I believe that would not be perverting the course of justice.
My solicitor did say if I didn't hear anything after a month, it wouldn't go further in his experience.

Would be great if anyone has gone through this situation or any legal advice would be greatly appreciated.

[mdar11]

Posted for information only - https://www.ashcottsolicitors.co.uk/...iminal%20cases.

Thank you and much appreciated.

[echat11]

Maybe, email your network provider in writing, tell them to suspend the plan, so charging on the plan stops, until you get your phone back. They shouldn't have an issue doing it.

Law enforcement is 'fickle' due to lack of resources.

[mdar11]

Maybe, email your network provider in writing, tell them to suspend the plan, so charging on the plan stops, until you get your phone back. They shouldn't have an issue doing it.

Law enforcement is 'fickle' due to lack of resources.

Thank you. I have done exactly that. Fingers crossed