Your phone has been seized
The police took your phone. Make a note of which device it concerns, when it happened and what proof of seizure you received. Discuss the reason for the seizure with your lawyer.
Duration: 1:38
Further reading and sources
This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.
Read the full articleSpoken transcript
Download the transcriptCriminal Law in the Netherlands.
The police took your phone. Make a note of which device it concerns, when it happened and what proof of seizure you received. Discuss the reason for the seizure with your lawyer.
Seizing a phone and examining digital data are different questions. Ask what authority is being used and what data the investigation includes. Not all access is allowed without restriction.
Write down what you need the device for, for example work, care or contact details. Explain concrete consequences. A practical interest does not automatically mean that the phone must be returned immediately.
Do not delete, change or hide data remotely to affect the investigation. Discuss with your lawyer how important data is kept secure and how you can request access to necessary information.
Discuss the legal basis and scope of the digital investigation. Separately, ask whether you can seek return of the phone. Challenging the data search does not itself request the device back.
Keep the seizure record and all correspondence about your phone. Ask your lawyer what decision is outstanding, which procedure fits and how to record submission and receipt of a request.
Read the full explanation on the Criminal Law in the Netherlands website.
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