Віталій Бессонов - Адвокат у кримінальних справах. Захист у кримінальних провадженнях
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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

  1. 1Demand that each seized device be listed in the protocol (model, serial number, condition)
  2. 2Note the presence of attorney-client privilege or confidential information on the devices
  3. 3Demand that devices be sealed in the presence of witnesses
  4. 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

Based on a search warrant specifying particular items
As temporarily seized property — with a seizure motion filed within Article 171 CPC deadlines; the 48-hour period applies to property taken during a court-authorized search
If the device is a tool or subject of the crime

Your Rights

Demand that each seized device be listed in the protocol (model, serial number, condition)
Note the presence of attorney-client privilege or confidential information on the devices
Demand that devices be sealed in the presence of witnesses
Do 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

Information Protection

Enable device encryption in advance
Use two-factor authentication
Store critical data in cloud storage
⚠️ Do not destroy or alter data after proceedings begin: doing so may have separate legal consequences, damage the evidentiary position, and requires case-specific legal assessment.

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

Verify in the Ukrainian Bar Registry

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.

This material provides general information. Defense strategy depends on the circumstances of each case.

Related articles

How to obtain the search record and seized-device inventory

After a search, request the second counterpart of the search record and its attached inventory. Check every page, device and comment. If documents are missing, submit a written request to the investigator or prosecutor and preserve proof of submission. Request video separately according to your procedural standing. Owning a phone does not confer access to the entire case file.

Temporary seizure or court-ordered restraint of a phone in Ukraine

Temporary seizure is the physical taking of a phone pending a decision on court-ordered restraint or return. A restraint order is a separate judicial restriction on using, disposing of or transferring property. Following a warrant-based search, a petition concerning a temporarily seized phone must be filed within 48 hours; missed timing requires immediate return. Check the protocol, court record and asserted basis for retaining the device.

Must a person disclose a phone passcode during a search in Ukraine?

The Criminal Procedure Code does not impose a general duty to disclose a passcode to an investigator or prosecutor. Article 236 expressly anticipates refusal to deactivate logical protection and permits investigators to overcome it themselves. Do not physically obstruct the search: invoke the privilege against self-incrimination, request counsel, and require the refusal and every action involving the phone to be recorded in the protocol.

How to Describe a Seized Phone and Equipment in a Search Protocol

For each device, ask the protocol and inventory to state its type, manufacturer, model, colour, serial number or IMEI, visible condition, attached SIM cards and media, discovery location, packaging method and package number. Record any data copying and how the copy was identified separately. Obtain the second protocol copy; completeness of the description does not automatically determine the case outcome.

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