Colorado Springs, CO asked in Criminal Law and Juvenile Law for Colorado

Q: My son who is 12 was interviewed while in the interview room the detective took my phone

And he stated you may be texting your other son to warn him and he took my phone out of the interview room for about 5 to 15 min and I was angry do they have the right to do that

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.

The phone must be returned (undamaged) and you always have the option of closing-down the interview.

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