Can Police Access Your Phone Data On The Spot Without A Warrant?

Gone are the days when evidence was solely collected from raids, asset possession, or the classic detective work you see on television. Today, there is more information on the average mobile phone than police could once have gathered from weeks of traditional means.

A phone contains what you would expect – such as messages and photos – but also hidden information – such as location history and deleted search queries. Altogether, a phone is an invaluable investigative tool that can make or break a case.

So, on 6 August 2026, the Minns Government introduced legislation that would make it considerably easier for NSW Police to compel a person to open that device so its contents can be extracted. The Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026, tabled by Police Minister Yasmin Catley, is framed as an organised crime measure. However, the mechanism it creates is not so confined.