What to do if…
you are told you have to turn over specific property to an authority and you disagree
Short answer
Don’t argue in the moment—slow it down: ask what legal power/order they’re relying on, get a written record/receipt of exactly what is being taken, and get legal advice as soon as you safely can.
Do not do these things
- Do not physically resist, snatch items back, block officers, or try to leave with the property.
- Do not “just hand it over” without getting a written record of what it is, who took it, and why.
- Do not consent to extra searches or “quick checks” to make it easier if you disagree—keep your words minimal.
- Do not sign anything you don’t understand, especially if it frames the handover as “voluntary” or “by consent”.
- Do not delete files, wipe devices, break items, hide items, or move them around.
- Do not get pulled into an on-the-spot argument about passwords/PINs. Ask for the legal basis and a solicitor first; if they insist it’s required immediately, don’t argue—ask them to record that you requested legal advice and that you dispute the requirement.
What to do now
-
Get to a calmer pause and identify who is demanding the property.
Ask: “Which authority are you? What’s your name/number? Who is in charge here?” (Police, Border Force/HMRC, prison staff, etc.) -
Ask one key question: “Is this voluntary, or are you using a legal power/court order?”
If they say it’s voluntary: “I do not consent to handing this over voluntarily. If you believe you have a power to take it, please tell me what you’re relying on.” -
Ask to see the paperwork, or the exact legal basis, and write it down.
If they have a warrant/court order/notice: note the reference number, issuing body, date, and what items it covers.
Only photograph documents if you are explicitly permitted and it’s calm to do so; otherwise write down key details. -
Insist on a complete written receipt/record before the item leaves your control.
Ask for a seizure/property receipt that lists each item and identifiers (serial number/IMEI where relevant), plus date/time and who took it.
If they won’t list details, ask them to record model/colour/identifying marks, and make your own list separately. -
Say (once) that you disagree, without obstructing.
“I do not agree with this and I do not consent, but I will not obstruct. I want a written record/receipt.” -
Protect yourself from “scope creep” (more items, broader access).
If they start asking for additional items, access, passwords, or “just quickly checking”:
“I don’t consent to anything beyond what you’re lawfully authorised to do. Please record my position.” -
If this is happening in prison (or another secure setting), focus on the inventory and what is recorded.
Ask for your property card/inventory to be updated accurately. If you sign anything, only sign to confirm what is listed (the inventory), not to agree with the decision. If you can’t add a note to their form, write your own dated note of what was taken and that you dispute it, and keep it. -
Get legal help fast, using the right route for where you are.
- If police are involved and you’re detained/interviewed: ask for a solicitor before answering questions about the item or access to it.
- If you’re not detained: contact a solicitor urgently and give them the paperwork/reference numbers and your item list/receipt.
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If this is HMRC/Border Force/customs-related, keep the seizure paperwork safe and act quickly.
Keep the “receipt of goods seized” / seizure notice and get legal advice promptly. There is often a short window to formally challenge a seizure’s lawfulness (and a separate process to request restoration/return), and the paperwork matters. -
Start a paper trail immediately (while it’s fresh).
Write down: date/time, location, names/numbers, the exact words used (“voluntary” vs “seized”), what was taken, any damage, and any witnesses. Keep screenshots of any messages/emails ordering the handover.
What can wait
- You do not need to prove you’re right on the spot or “win the argument” today.
- You do not need to draft a full complaint immediately—your priority is getting the details and preserving your position.
- You do not need to decide right now whether to take court action; you can wait until you have advice and the paperwork.
Important reassurance
It’s common to feel panicked, angry, or trapped when someone in authority demands your property. Staying calm, not escalating, and getting a clear written record is often the best way to protect yourself and make it possible to challenge later.
Scope note
This is first-steps guidance for the first hours/day. The correct challenge route can depend on the authority involved and the legal power used, so specialist legal advice is often needed.
Important note
This is general information, not legal advice. Processes differ by authority (police vs HMRC/Border Force vs prison) and by circumstances. If you think refusing in the moment could lead to arrest or disciplinary action, prioritise safety, a written record/receipt, and legal advice over debating the demand.
Additional Resources
- https://www.gov.uk/government/publications/pace-code-b-2013/pace-code-b-accessible
- https://www.gov.uk/guidance/what-you-can-do-if-things-are-seized-by-hmrc-or-border-force
- https://www.gov.uk/customs-seizures/disagree-with-a-customs-seizure
- https://www.gov.uk/customs-seizures
- https://www.gov.uk/government/publications/prisoners-property-policy-framework
- https://www.gov.uk/government/publications/prisoner-complaints-policy-framework