If I was arrested on charges of unlawful trafficking of a schedule W drug and my cell phone was seized in order to gather further evidence, can I legally get it back?

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If I was arrested on charges of unlawful trafficking of a schedule W drug and my cell phone was seized in order to gather further evidence, can I legally get it back?

I was arrested yesterday. They continue to hold my phone but still have no warrant.

Asked on January 13, 2015 under Criminal Law, Maine

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They don't need a warrant for anything which was on you at the time of your arrest. That's not to say they can hold it forever or indefinitely *unless* it is or provides evidence of a crime, was usd in a crime (such as to arrange for drug purchases or sales), or is the "fruit" of a crime (such as having been paid for with illegal funds)--and in these cases, they can pretty much hold it forever--but certainly, they can hold it for at least several days or weeks during the investigation.


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