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Can Latvian police search a mobile device on the street? On what legal basis?

ECLI

ECLI.ai summary: Police may access a person’s mobile device only in circumstances defined by law; a spontaneous “on the street” review of phone contents is not allowed without a legal basis. Usually the basis is a criminal proceeding, a procedural action (inspection or search) and an accompanying decision; exceptions are extremely narrow.

Key takeaways

- Article 96 of the Constitution protects privacy and communications secrecy; any interference must be lawful, pursue a legitimate aim, and be proportionate.

- A mobile device becomes an investigative object only within criminal procedure and under the Code of Criminal Procedure rules on inspections or searches.

- Routine street checks have no basis; emergency powers are narrow and subject to later judicial oversight.

Legal framework

Article 96 and the Constitutional Court decision in case No. 2009‑10‑01 require the three-step test (legal basis, legitimate aim, proportionality) before interfering with a personal device 86%ECLI:LV:ST:2009:1018.

Criminal Procedure Law

Section 159 treats an inspection as an investigative action; the Supreme Court upheld a phone inspection conducted in line with the procedural safeguards 44%ECLI:LV:AT:2017:0411.

Searches typically require an investigating judge’s decision, and the courts stress that such measures are lawful only when grounded in the Code and a specific ruling 86%ECLI:LV:AT:2017:0411.

What it means “on the street”

Without a criminal process and a procedural order, police cannot review phone contents; doing so would breach Article 96 and amount to unjustified interference 86%ECLI:LV:ST:2009:1018.

Exceptions and conclusion

In emergencies investigators may act immediately, but judicial control must follow; broad “on the street” searches remain impermissible 86%ECLI:LV:ST:2009:1018.

Bottom line: police may access a phone only within a criminal proceeding, executing the Code’s investigative actions and respecting the proportionality requirements of Article 96.

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What is the accuracy rate for citations?

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