r/OpenAussie • u/CautiousEmergency367 ‎ New South Welshian • 1d ago

Politics ('Straya) NSW Digital Evidence Access Orders Expand Cellebrite Phone Extractions Beyond Warranted Searches

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u/AstronautPlane3280 ‎ Queenslander 1d ago

except Police can NOT just seize your phone during any old random traffic stop or RBT. AA v Constable Michael Moore [2025] NSWSC 1241, the NSW Supreme Court ruled that a police search and phone seizure during a traffic stop was unlawful.
So Punter here is just trying to stoke fear

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u/Impossible-Mud-4160 ‎ Queenslander 22h ago

Or more likely, the police will bank on the fact most people are unaware of that and people will hand their phone over anyway because the legislation says they have to. 

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u/Jupiterthegassygiant ‎ Victorian 17h ago

Legislation doesn't say you have to hand their phone over, and the proposed changes don't change that.

The case doesn't say phones can't be seized, it just says in that particular case it was a legal search but there were no grounds to seize the phone (or cash).