police access to phone records prior to arrest

[kavmyster]

Cn police access phone records of an individual without authority prior to an individuals arrest?

[efpom]

It depends what you mean by 'authority'.

[kavmyster]

ok example the police want to establish an individual who is not under arrest has telephoned a particular number. they then access the phone records to establish they had

[des8]

Under PACE, officers can search, seize and retain data from a mobile phone belonging to anyone who has been arrested on suspicion of committing an offence, provided that they have a reasonable belief that it contains evidence of an offence or has been obtained in consequence of the commission of an offence. .........
The police also have additional powers to seize mobile phones under other statutes, such as the Misuse of Drugs Act 1971 and Terrorism Act 2000.

Above quote taken from this site: Mobile phones and police powers | Corker Binning
and this site gives a good overview of the position Do The Police Have A Right To Search Your Phone? | Burton Copeland

[Aged William]

ok example the police want to establish an individual who is not under arrest has telephoned a particular number. they then access the phone records to establish they had

Yes they can, in certain circumstances such as investigations in to serious crime.

Although PACE, MDA etc allow for the seizure of phones as evidence - with or without the phone's owner being arrested - the process to obtain the actual "communications data" is governed by the Investigatory Powers Act 2016.

https://www.legislation.gov.uk/ukpga/2016/25/contents

https://www.google.co.uk/url?sa=t&so...XN2GSqGC8H4k22

[kavmyster]

Under PACE, officers can search, seize and retain data from a mobile phone belonging to anyone who has been arrested on suspicion of committing an offence, provided that they have a reasonable belief that it contains evidence of an offence or has been obtained in consequence of the commission of an offence. .........
The police also have additional powers to seize mobile phones under other statutes, such as the Misuse of Drugs Act 1971 and Terrorism Act 2000.

Above quote taken from this site: Mobile phones and police powers | Corker Binning
and this site gives a good overview of the position Do The Police Have A Right To Search Your Phone? | Burton Copeland

in this case i refer to no one was arrested prior to information being obtained. they were arrested after the fact

[dmjscott]

If a person has bin arrested , and the investigation warrants looking through phone records then yes , with the use off cell siting etc , but normally depends on the case how far they will use there resources...

taking actuall txts or iMessages ? WhatsApp?

[Aged William]

in this case i refer to no one was arrested prior to information being obtained. they were arrested after the fact

It's a fairly common practice (and depending on the circumstances a legal requirement) for the police to request this information from the network operator* in order to obtain evidence that may either justify or negate making an arrest.


*or, by examining the phone if they have it