A Vancouver woman has filed a formal RCMP complaint, alleging police in Whistler seized her cellphone after she used it to film an arrest.

Valerie Connelly said when she refused to give officers the passcode to her phone, she herself was arrested.

"There was no conversation — and you can see it in the video that I have — he just walked up and grabbed it out of my hands," said Connelly.

While Mounties have told her she was arrested for obstruction, it's a case that raises concerns with civil rights activists.

'What are you doing?'

Connelly was walking through Whistler village Saturday, Nov. 19, when she took out her cellphone to record video of what appeared at first to be a fight between a group of men.

As it unfolded, she captured what she believed to be an undercover arrest, on camera.

"Not knowing what the circumstances were, I thought maybe this could wind up as evidence to help the police," said Connelly.

But as Mounties were wrapping up the arrest, which she said ended "amicably," they noticed her recording the video.

"Just out of nowhere, one of the uniformed police officers walked up to me and grabbed my phone out of my hands. I said, 'What are you doing?' and he said, 'We're going to take that for evidence.'"

The video filmed by Valerie Connelly showed an unidentified man under arrest by Whistler RCMP. (Valerie Connelly)

Connelly said the officer walked away with her device. She followed after him, asking what was going on. He told her to provide her cellphone passcode.

When she refused, she was taken into custody.

"The one officer grabbed my arm, twisted it behind my back, handcuffed me, and said I was obstructing and that they were arresting me."

Connelly said she was was taken to the detachment, where police pressed her repeatedly to give up her passcode. She continued to refuse and asked to speak with a lawyer.

She was eventually released, but without her phone, and said she was told she could come back to retrieve it during regular business hours.

Connelly said she has nothing against police, but found the officers' behaviour 'disturbing.'

Police can seize phones, say RCMP

While Whistler RCMP didn't respond to CBC's request for comment directly, an email from one of the officers to Connelly said her phone was seized as part of an ongoing investigation and that she was detained for obstruction, but released without charges.

"E" Division, the provincial body governing RCMP in BC, responded to CBC's request for comment with a statement but wouldn't comment on the specifics of this case.

"In general terms, police have the authority to seize cellular phones and other video recording devices from the public, if those devices contain evidence that is not available through other means, and that evidence is at risk of imminent loss or destruction," said Sgt. Annie Linteau.

The policy director for the B.C. Civil Liberties Association questioned why officers felt the need to seize Connelly's cellphone under the circumstances as she has described them.

"From the outset, there is a concern that there may not have been legal authority for the confiscation," said Micheal Vonn.

Privacy rights vs. technology

As for whether civilians are required to provide passcodes to police, Vonn said the answer is a definitive 'no.'

"If the phone is locked, there is no compulsion to unlock your phone for this purpose."

The issue has become a common concern for many Canadians, as privacy rights intersect with technological tools used in law enforcement.

"This is very much a question that is of great interest at the moment: Should there be a court order process to demand passwords of people?"

Vonn also questioned if the RCMP had the legal authority to keep her phone against her will.

"If they weren't allowed to legally seize the phone in the first place, they're certainly not allowed to keep it."

Vonn stressed that she doesn't know the specifics of the circumstances surrounding this particular case.