Phone or laptop seized: return and rights
Items that could serve as evidence can be secured or seized by the police. But you have rights: you generally do not have to give up passwords and PINs, and against the seizure you can demand a judicial decision and apply for the return.
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What you should do now
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1. Demand a seizure list
Have it written down precisely which items were taken.
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2. Do not disclose the PIN/password
As a suspect you generally do not have to give up access data (freedom from self-incrimination).
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3. Apply for a judicial decision
With a seizure without a judicial order, you can demand court confirmation.
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4. Pursue the return
If the items are no longer needed as evidence, apply for the return through your lawyer.
How to spot the scam
- You are pushed to name the phone PIN 'voluntarily'.
- There is no list of the items taken.
- The seizure drags on, although the analysis has long been possible.
Frequently asked questions
May the police seize my phone?
If it could serve as evidence, it can be secured or seized (§§ 94, 98 StPO). If this was done without a judicial order, you can demand a judicial decision on it at any time.
Do I have to give up the PIN?
Generally not. As a suspect you do not have to incriminate yourself and therefore generally do not have to disclose access data like a PIN or password. Do not let yourself be pushed on this and get legal advice.
How do I get my device back?
As soon as the item is no longer needed as evidence, it must be returned. Through a lawyer you can apply for the return and, if it is delayed, obtain a court decision.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.