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Criminal Defence | England & Wales

Police want your crypto wallet, password or seed phrase: your rights

Police can seize hardware wallets, phones and written seed phrases, and in some cases require you to disclose passwords or keys. Refusing a formal notice can be a separate offence. Here is how it works.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

A spoken request from an officer to unlock a phone or wallet is not a legal obligation, and you should take advice before answering. A formal written notice under section 49 of the Regulation of Investigatory Powers Act 2000 is different: it can require you to disclose a password, PIN or key, and failing to comply without a reasonable excuse is an offence under section 53, with a maximum of two years' imprisonment, or five in national security and child indecency cases. Separately, police can seize cryptoassets and cryptoasset-related items, including devices and written seed phrases, and transfer crypto to a police-controlled wallet under the Proceeds of Crime Act 2002.

Legal issues

Three different powers

  • Seizure of devices and evidence under the Police and Criminal Evidence Act 1984 during arrest or search.
  • Seizure and detention of cryptoassets and cryptoasset-related items under POCA, including items that give access to crypto, such as hardware wallets and seed phrase backups.
  • Section 49 RIPA notices requiring disclosure of a key or password. A notice must have the appropriate permission under Schedule 2 to RIPA, which, depending on how the material was obtained, comes from a judge or a senior officer. It must also be necessary and proportionate. You can be prosecuted under section 53 for not complying.

Key issues

  • Whether you actually know or have the key; genuinely forgetting is a defence issue, but must be raised with care.
  • Whether the notice was validly authorised and served.
  • The risk that disclosing access exposes assets to freezing and forfeiture.

Evidence that matters

Keep the notice, the property receipt and the custody record. Note exactly what was taken, including devices, notebooks, cards and backup plates. Record any wallet balances you know of at the time of seizure, as values move.

Reasonable lines of enquiry

Ask what offence is under investigation, what the police say the devices contain, and whether they have already obtained data from exchanges or cloud services. Check whether crypto has been moved from your wallets since seizure and on whose authority.

What happens next

After seizure, police may examine devices, seek a section 49 notice, apply to detain cryptoassets for further periods in the magistrates' court, and seek forfeiture. Criminal proceedings may follow separately. Detained crypto may be converted to money by court order. See crypto freezing and forfeiture and police device seizure.

Immediate steps

  • Ask for a solicitor before answering questions about passwords or keys. Advice at the police station is free.
  • Do not give access informally without advice.
  • If you receive a section 49 notice, note the deadline and get advice the same day.
  • Do not try to move crypto remotely from another device; it can lead to further charges.

What should you send us?

Send any notice, property receipt and the date of seizure or arrest.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise in custody and at interview, assess the validity of RIPA notices, respond to detention and forfeiture applications, and seek return of property. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do I have to give the police my seed phrase?

Not because an officer asks. A valid section 49 notice can require disclosure, and refusing can be an offence. Take advice before deciding.

What if I have genuinely forgotten the password?

That can be relevant to a section 53 charge, but it must be raised carefully and credibly. Speak to a solicitor before saying anything about it.

Can I get my hardware wallet back?

Possibly, once it is no longer needed and is not subject to detention or forfeiture. Requests for return should be made in writing with advice.

NEXT STEP

Get advice before you disclose anything

Tell us what was seized and what you have been asked for. Call 0843 636 7687 or email [email protected]. We reply the same working day.

Get advice before you disclose anything