Digital searches and electronic evidence.
Lawyer for digital searches and electronic evidence: the lawfulness of seizing devices and handling data, from the search to challenging it in court.
Your phone, laptop or other devices have been seized
A digital search of your data has been ordered// art. 168 Criminal Procedure Code
You are asked for the password or PIN of a device
Conversations on WhatsApp, Telegram or Signal have been intercepted
Rights
We establish what rights you actually have and what you can refuse at the time of the search.
Lawfulness
We check the warrant, how items were seized, the sealing and the chain of custody of the data.
Challenge
We seek the exclusion of evidence obtained in breach of procedure.
What rights do I have during a digital search?
You have the right to assistance from a lawyer, to be informed of the scope of the search, and to challenge unlawful measures. Read the full guide.
Am I required to give my phone password?
Not automatically. There are limits tied to the privilege against self-incrimination. See the details on passwords and PINs.
Can messages from WhatsApp or Signal be used against me?
It depends on how they were obtained. Interception without valid authorisation can be challenged. See how interception of these apps works.
What does the chain of custody of electronic evidence mean?
It is the documented path of the data, from seizure to analysis. Any break in this chain can affect the reliability and validity of the evidence.
Electronic evidence is won or lost at the start.
Call us before you hand over a device or a password.
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