As we mentioned earlier, the law only allows police to hold onto seized items for as long as reasonably required to for an investigation.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
What Can Police Search? There are a few circumstances in which a NSW police officer may stop and search a person without a warrant, and then seize any items including a mobile phone.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
So, the general answer is no, your phone cannot be tracked when switched off.
File a Police Report
This step may or may not lead to the recovery of your iPhone (in fact, the police may tell you there's very little they can do either because of the value of the phone or the number of thefts), but having documentation should help when dealing with a phone and insurance companies.
Yes, the police can track a stolen phone using either your phone number or the phone's IMEI (International Mobile Equipment Identity). Whether or not the police prioritize looking for your stolen phone is another matter. Thanks! We're glad this was helpful.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
Giving your name and address
The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
How Do I Know There's a Warrant for My Arrest? There is no nationwide, or even state or territory-wide, register of outstanding arrest warrants in Australia. And a national police check will not necessarily reveal the existence of a warrant.
If you're being held for questioning about an indictable offence, the police can hold you for up to 8 hours, but they can only question you for up to 4 hours. See being arrested.
Can I Take Calls Whilst Driving if My Phone is on Loudspeaker in My Lap? No. It's illegal to have your mobile phone touching any part of your body, except when passing it to a passenger. You can be fined and docked demerit points when caught using your phone whilst driving.
Your iPhone is essentially useless without your Apple ID and password. Some thieves may make an attempt to get that information through phishing attempts like fake emails or messages, so it's best to be aware of this possibility should your iPhone be stolen.
Usually, iPhones have pretty good technology, where unless they have your passcode, the police and prosecutors cannot get into your iPhone.
Police IMEI tracker is confidential software used by police officers to track stolen phones. It works in a way that the police officer will enter the victim's IMEI number and the location of the phone.
Whether your device is rooted or not has nothing to do it. Only requirement is having Google "Find My Phone" setup and active on the Google account signed into the device and the device being powered on so to be able of locating it, even if a factory reset is performed GRP should have your back.
If you're using iCloud.com/find, you can't see your device's location if it's powered off, the battery has run out, or more than 24 hours has passed since its last location was sent to Apple. Learn how you can still protect your information.
If you do not wish to be interviewed, you should tell the Police that you do not wish to go into the interview room. Whilst you need to stay calm in custody, you are not obliged to say anything or answer questions. You cannot get into trouble or be seen as uncooperative for not answering questions.
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
You are entitled to seek legal advice or have a legal representative attend the police station with you before you decide to engage in a police interview. You are also allowed to telephone a relative or friend to inform them of where you are and to ask them to attend the police station as a support person.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.