How Long Can the Police Keep Your Phone for Investigation?
1
Answers
Criminal Defense
New York
November 26, 2024
1
Answers
Asked in
Criminal Defense
New York
November 26, 2024
How Long Can the Police Keep Your Phone for Investigation?
The police took my phone as part of an investigation, but I haven’t been charged with anything. How long can they legally keep my phone? Do I have any rights to get it back sooner?
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If your phone gets seized in an investigation, there are a few factors that determine when you can get it back: necessity, evidence found, outcome, illegal seizure, and contraband. Necessity means that if your phone is needed for legal proceedings or an investigation, the police can keep it throughout the duration. When it comes to evidence, if no incriminating evidence is on your phone, then the police must return it. If there is evidence on your phone, then it will be kept until the legal proceedings are over. If the person on trial is found guilty, you may or may not get your phone back – this is the outcome factor. If the police seized your phone illegally, they will likely need to return it back. A correct search warrant is needed in order to legally obtain and keep your phone. If your phone is contraband in any way, then it doesn’t need to be returned. Importantly, the government cannot keep your phone indefinitely without justification, so even if it cannot be returned, you’ll know why.
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How Long Can the Police Keep Your Phone for Investigation?
The police took my phone as part of an investigation, but I haven’t been charged with anything. How long can they legally keep my phone? Do I have any rights to get it back sooner?
1
Answers
Asked in
Criminal Defense
New York
November 26, 2024
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