Tucson, AZ asked in Criminal Law for California

Q: How long can they keep phones as evidence for a vandalism charge?

My boyfriend got arrested for two vandalism charges involving graffiti, he had gotten arrested Monday evening and released Wednesday night. When the jail released him they told him they had kept his phone at the sheriffs department and he can go pick it up the next day. When we went to go get it they told him they were keeping it as evidence and they wouldn’t know when they could release it to him but they would contact him.

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2 Lawyer Answers
David A. Simon
PREMIUM
Answered

A: They can keep it until the criminal case resolves.

James L. Arrasmith
PREMIUM
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Answered

A: Law enforcement agencies typically hold onto evidence until it has served its purpose in the investigation or legal proceedings. This can involve analyzing the phone for any relevant data, such as photographs, messages, or other information that may be connected to the vandalism charges.

If your boyfriend's phone has been seized as evidence, it would be best to consult with a lawyer who can provide specific advice based on the laws and procedures in your jurisdiction. They will be able to guide you through the legal process and help determine when the phone is likely to be returned.

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