Can NSW Police
Search My Phone?
One of the most common questions in 2026. The law in New South Wales is strict but often misunderstood by both public and police.
1. Street Stops & Searches
If police stop and search you on the street under Section 21 of LEPRA, they are searching for physical items (drugs, weapons). This does not automatically give them the right to unlock your phone and read your messages.
A phone is a physical object. They can seize the phone if they suspect it is stolen, but looking *inside* the digital data usually requires further legal justification.
The Passcode Rule
You are NOT legally required to provide your phone passcode to an officer on the street during a search. You have a right to silence.
2. After Arrest
Once you are under arrest, police have broader powers to search you and your possessions. However, there is still debate in AU law about whether this extends to a full 'deep dive' search of your digital history without a warrant.
3. Data Access Orders (The Big One)
Under the Crimes Act 1900 (NSW) and the Search Warrants Act, police can apply to a Magistrate for a Data Access Order.
- If a Magistrate grants this order, you MUST provide your passcode.
- Refusing to comply with a Data Access Order is a serious criminal offence (often carrying up to 2-5 years imprisonment).
Summary: What to say
If an officer asks "What is the code for this phone?", and you are not being served with a formal Data Access Order, you can respectfully say:
"I do not consent to a search of my phone. I wish to remain silent and I do not wish to provide my passcode at this time."