Belgian police may search flash confiscated phones




The Belgian Supreme Court has ruled that police permission of a judge more research needs to read from the memory of a seized mobile phone, including the stored messages.

That writes Datanews Monday. The Supreme Court rendered its judgment in the context of a lawsuit about reading messages, stored on a phone confiscated by the police. The police had thus discovered that a lawyer had asked a fellow policeman SMS to identify the owner of a license plate.

The lawyer in question did not agree with the state of affairs because it was, according to him to a search of a computer system, which the trial court must give its consent. However, the Court ruled that the reading of the device’s memory is a measure which follows from the seizure and can be done within a criminal investigation.

Deputy Attorney General Pim Vanwalleghem this tells Knack: “This sensitive information can indeed also be found in a seized paper calendar or portfolio and this were never required special rules of investigation and discussion.” The police can not connect Vanwalleghem according to a remote server, because the requirements of network search does apply.


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