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  • Today I took a picture of a man who had climbed up a very tall building. He was sitting up there.

    A police officer saw me and said if the man jumps off the building he will seize my phone as evidence.

    Can the Police do this? Seemed odd they would want my picture of the man sitting up there as evidence? Also evidence of what?

  • evidence of what?

    They won't know until they see the pictures. You may have caught something they didn't spot.

  • No, they can't. But then most policemen have very little idea of what the law actually is, and so just make it up as they go along. They usually get away with it, because no-one else knows what the law is either.

  • Can the Police do this?

    Maybe. PACE 1984 S19 suggests that if the constable thinks that there has been an offence, and that your phone is evidence relating to that offence, and that he has to seize it there and then to prevent its being concealed or destroyed, he can nick your phone. This is all based on a "reasonable grounds" test, i.e. the plod will make something up at a later date to justify their action if it's obvious that the constable has behaved unreasonably at the time.

  • What happens if you smashed it to pieces as soon as he said that, I wonder?

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