A police officer stopped me under a section 23 drugs search. They did not find any drugs on me but seized two of my mobile telephone and said that they wish to run a check on it. I did not do anything wrong. – The whole process didn’t seem right. Please advice

Here’s a revised response specifically tailored to UK law, providing clarity on your rights and potential next steps:

Your Rights During a Section 23 Drugs Search

1. Police Powers to Stop and Search:
Under  Section 23 of the Misuse of Drugs Act 1971, the police can stop and search a person if they have reasonable grounds to suspect:
– You are in possession of a controlled drug.
– You are in possession of items connected to drug-related offences.

The officers must:
– State their name and station.
– Explain the reason for the search.
– Inform you under what legal power the search is being conducted (Section 23 in this case).
– Provide a written record of the search or inform you how to obtain one.

2. Seizure of Items:
Under Section 19 of the Police and Criminal Evidence Act 1984 (PACE), officers can seize items found during a lawful search if they believe the item:
– Is evidence of a criminal offence, or
– Is connected to criminal activity.

Important: Seizing your phones should only occur if the police reasonably suspect they contain evidence of drug-related offences. The seizure must be proportionate and justified.

3. Accessing Data on Phones:
The police cannot simply access your phone’s data after seizing it. They require further legal authority, such as:
– A court warrant, or
– Specific statutory powers, depending on the circumstances.

Unlawfully accessing your phone data would be a breach of your rights under the Investigatory Powers Act 2016 and UK data protection laws.

Issues to Consider in Your Case

1. Reasonable Grounds for the Search:
– The police must have had specific and objective reasons to stop and search you under Section 23.
– If the search appeared arbitrary, or if it was based on your appearance, race, or presence in a certain area alone, it may be unlawful.

2. Justification for Seizing Two Phones:
– The seizure of your phones must be directly linked to their belief that the phones are evidence of a drug-related offence. If the connection was not clearly explained, the seizure might not comply with the law.

3. Procedure During the Search:
– You should have been:
– Treated respectfully.
– Told why the search was being conducted.
– Given a record of the search or instructions on how to obtain one later.

Failure to follow these steps may indicate a breach of police procedure under PACE Code A.

4. Proportionality and Necessity:
– Seizing both phones may be excessive unless the officers had reasonable grounds to suspect both devices were relevant to their investigation.

Your Rights and Next Steps

1. Obtain the Search Record:
– If you were not given a written record of the search and seizure, you can request it at the police station within 12 months of the incident.
– This record will detail the reasons for the search and what was seized.

2. Challenge the Seizure:
– If you believe the seizure of your phones was unlawful or unnecessary, you can formally request their return.
– Write to the police station that conducted the search, asking for a justification for retaining the phones.

3. File a Complaint:
– If you feel the officers acted unlawfully, exceeded their powers, or failed to follow proper procedure, you can:
– File a complaint with the police force involved.
– Escalate the matter to the **Independent Office for Police Conduct (IOPC)** if you are unsatisfied with the initial response.

4. Consult a Solicitor:
– Seek advice from a solicitor specializing in police misconduct or criminal law.
– A solicitor can:
– Review the circumstances of the search and seizure.
– Challenge the lawfulness of the police’s actions.
– Assist in obtaining the return of your phones if they were unlawfully seized.

5. Protect Your Data Privacy:
– If the police attempt to access your phone data without proper legal authority, this could be a breach of privacy laws. Inform your solicitor immediately if you suspect unlawful access.

Key Points to Remember

– Reasonable Grounds: The search and seizure must have been based on clear, objective suspicion.
– Proportionality: Seizing two phones must have been proportionate to the alleged offence under investigation.
– Respect for Your Rights**: The officers must follow proper procedure as outlined in PACE  and related codes of practice.

Actions You Can Take Now

– Request the search record from the police station.
– Note down all details of the encounter (time, date, officer names/badge numbers, what was said/done).
– Seek legal advice to determine whether the search and seizure were lawful.
– Consider filing a complaint if you believe your rights were breached.