If my phone was taken from me when police came to my house with a warrant, how do I get it back?

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If my phone was taken from me when police came to my house with a warrant, how do I get it back?

Asked on March 5, 2013 under Criminal Law, Rhode Island

Answers:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello.   The question you pose is not at all uncommon, in my experience.  As an overview, the answer to your question depends on the reason that the property was taken.  Property may be seized by police due to four possible reasons:  Safekeeping, Evidence or Investigation, Forfeiture, Contraband (which means, it is a crime to possess this property).   If property was taken as evidence of a crime, a private attorney representing you may be able to reclaim the property for you.   A release of the property may be sought while a case is pending ‘Arrest evidence’ often will be held until the end of the criminal case or cases.  Due to the fact that one's phone typically contains the most private of information, I certain recommend that you immediately telephone a private attorney for confidential legal counsel and advice.  I suggest that you telephone several attorneys in choosing, because it is critically important that you feel the highest level of trust and safety in the attorney-client relationship.  All the best to you.


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