France's Interior Minister Bruno Retailleau has sparked a renewed debate on police authority regarding mobile phone searches, especially for those suspected of illegal residency. Currently, police can only search phones with the individual's consent or a judicial order, barring cases of immediate offences. Legal experts stress that searching a mobile is akin to searching a home, demanding significant justification. The Court of Justice of the European Union also mandates that authorities demonstrate a public interest in these searches, as well as a clear link to possible criminal activity.
Currently, there are limits on police powers to confiscate and search anyone's mobile phone. Searching a mobile phone is equivalent to a search of a home.
I want there to be the possibility of searching phones, because phones are what allow us to see where the foreigner staying illegally comes from.
An individual stopped by police must agree to their phone being examined, or a judge must authorize examination of digital data before a search.
The Court of Justice of the European Union ruled that judicial authorities must show that a search is in the public interest.
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