blog.cat.criminal6 min read9/6/2026

Police Seized a Phone: When the 6 Months Expire and How to Obtain Its Return

A seized phone does not have to be held until some indefinite “end of the investigation.” Six months is an important threshold, but there is no need to wait for it: the owner may first contact the police and then file an application with the Magistrate’s Court, while also requesting access to vital data.

Numbers and facts

•6 months — the general threshold under Section 35
•Section 43 — application for the return of a seized item
•Section 23A — warrant to search a smartphone
•21 days — additional retention in the case described
•9 justices heard the consolidated Further Hearings

Six Months Is Not a Guaranteed Return Date

Section 35 of the Criminal Procedure Ordinance (Arrest and Search) [New Version], 1969 establishes the general threshold: if, within six months from the date an item was seized or came into police possession, no proceeding has commenced in which it is to serve as evidence, the police must return it. However, the Magistrate’s Court may authorize its continued retention, so the phone is not always returned automatically on the day after the period expires. If an indictment has already been filed, the issue of retention is assessed in the context of the criminal proceeding; State Attorney Guideline No. 7.16 confirms that the Ordinance governs the disposition of seized items from the time of seizure until the end of the proceeding, and sometimes afterward. The first step, therefore, is to establish the precise seizure date, the police case number, and whether a court has issued a decision extending the retention period.

A Return May Be Requested Earlier

There is no need to wait patiently for six months: Section 43 of the Ordinance allows an interested person to apply to the Magistrate’s Court regarding the return of a seized item. Before going to court, it is prudent to submit a written request to the investigator or the police station handling the case and retain proof that it was sent; the police’s official page concerning seized monetary evidence likewise directs members of the public to the station handling the case, although the materials presented contain no separate online service for phones. The request should identify the owner, case number, date and circumstances of the seizure, describe the device, and specify the consequences of being without it. A common mistake is to rely only on phone calls or a demand to “return it immediately,” without proposing a way to preserve the materials needed by the investigation.

What the Magistrate’s Court Will Examine

The court needs to understand why the police require the physical device itself: for a future examination, as physical evidence, or because of some other connection to the alleged offense. Relevant considerations include the stage and urgency of the investigation, investigative actions already performed, the extent of the intrusion into privacy, and whether the objective can be achieved through a less restrictive measure. The Supreme Court specifically noted the distinction between a quick inspection of a phone during an arrest and a calm, complete extraction of its contents at the police station, as well as the need to consider information concerning third parties. It is useful to present the court not only with the question of whether to “return or retain” the phone, but also with alternatives: completing the data extraction within a defined period, preserving a forensic copy, or limiting the examination to a particular period and categories of information.

Seizing a Phone and Reviewing Its Data Are Different Actions

The mere fact that the police physically took the device does not amount to unlimited authorization to read its contents. Under Section 23A of the Ordinance, accessing computer data, including smartphone data, and obtaining the results of such a search require a judicial warrant that expressly defines the purpose and conditions of the search so that privacy is not infringed beyond what is necessary. In Further Hearings Nos. 1062/21 and 4072/21, the Supreme Court addressed the procedure for obtaining such warrants and the consequences of an earlier unlawful search. In one of the incidents described, the Magistrate’s Court revoked an excessively broad warrant, allowed the police to retain the phone for an additional 21 days, and required a new warrant to be limited by time period and search terms.

Can Data Be Obtained While the Phone Remains With the Police?

The sources presented do not establish an automatic right to receive a complete copy of the phone immediately. Nevertheless, even before a court decision, a written request may be made for the release of, or permission to copy, strictly specified data: contacts, medical documents, work files, or information required to access everyday services. The narrower the request and the clearer the explanation of why copying will not harm the evidence, the more practical this solution becomes; the request may be framed as an alternative to the physical return of the device. If the police refuse or fail to respond, the same limited option may be included in the application for return, without conflating it with a request to authorize the police to search the contents.

FAQ

Must the police return the phone after six months?

Under Section 35, the general rule requires its return if, within six months, no proceeding has commenced in which the item is to serve as evidence. However, the court may extend the retention period, and the commencement of a criminal proceeding changes the legal picture, so it is necessary to check whether a relevant decision exists.

Where should an application for the return of a phone be filed?

A written request should first be submitted to the police station or unit handling the police case. If it is refused or produces no result, an interested person may apply to the Magistrate’s Court under the procedure for returning a seized item pursuant to Section 43.

May the police read a phone merely because they seized it?

Seizing the device and searching its contents are not the same thing. To access computer data, Section 23A requires a judicial warrant specifying the purpose and conditions of the search while taking the protection of privacy into account.

Can I ask for only photographs, contacts, or documents to be returned?

Such a limited request may be submitted to the investigator, explaining exactly which data are needed and why their release will not interfere with the investigation. The sources presented do not establish a guaranteed right to an immediate complete copy, but limited access may be proposed as an alternative to the return of the device itself.

What should be attached to an application to the court?

Useful documents include the seizure report or confirmation of seizure, information about the owner and the police case, a copy of the request submitted to the police, and any response received. The harm caused by being without the phone should be described specifically, and options that allow the data needed by the investigation to be preserved should be proposed.

What to do next

Record the seizure date, case number, police unit, and all written responses. Submit a specific demand for the return of the phone or for limited copying of necessary data, and, if it is refused, consider applying to the Magistrate’s Court under Section 43. Before filing, it is important to check whether a criminal proceeding has commenced and whether the court has extended the retention period.