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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?

  • 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.

  • That only applies to seizures from premises, not from the person. To seize a mobile phone from someone's person the policeperson would have to have a right of search, and as far as I'm aware the police don't have a power to search someone merely because they might be a witness or is in possession of something which might be evidence of an offence.

    Not really my area of the law though, so I may be wrong about the extent of search powers.

  • Even if the phone is owned/being held by someone not committing the offence? ie. innocent bystander?

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