Phone & Device Seizure: Know Your Rights
Short answer
When law enforcement can seize your smartphone, laptop, or server, and how to protect confidential data. Seizing a smartphone, laptop, or server can give investigators access to a vast array of personal and business information. Knowing the procedure is your protection.
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1Demand that each seized device be listed in the protocol (model, serial number, condition)
- 2Note the presence of attorney-client privilege or confidential information on the devices
- 3Demand that devices be sealed in the presence of witnesses
- 4Do not provide passwords or access without consulting defense counsel; Article 63 of the Constitution and the lawfulness of compelled access must be assessed under the specific procedure
Device Seizure During Searches
Seizing a smartphone, laptop, or server can give investigators access to a vast array of personal and business information. Knowing the procedure is your protection.
When Seizure is Legal
Your Rights
Information Protection
Rule of law and case law
What the law provides
- Criminal Procedure Code of Ukraine — ст. 98, 159–168, 236
What follows from case law
The Supreme Court notes that a phone is a carrier, while the evidence is the specific digital information. Courts examine provenance, integrity, authenticity and the method used to access the data.
Official sources
- LawCriminal Procedure Code of Ukraine — ст. 98, 159–168, 236
- Supreme CourtSupreme Court practice on admissibility and reliability of electronic evidence
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
Demand that each seized device be listed in the protocol (model, serial number, condition)
Which laws govern this situation?
The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 98, 159–168, 236.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.
