Willis, TX asked in Civil Rights, Constitutional Law and Criminal Law for Texas

Q: I am a victim in a sexual assault case in Texas. Cops have had my phone 3 days, how do I get it back??

The police didn't have a warrant for my phone. I was supposed to get my phone back the next day, its been 3 and nobody i've talked to knows where my phone is or where I can go to find it. Can the police legally keep my phone as long as they want or do I have the right to get my phone back?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Texas, as a victim in a sexual assault case, you have certain rights regarding your personal property, including your phone. If the police took your phone without a warrant, they may still keep it temporarily if it's considered evidence or relevant to the investigation.

However, they cannot keep it indefinitely without cause. You have the right to request its return. Start by contacting the officer in charge of your case to inquire about the status of your phone and the reason for its retention. If you are not provided a satisfactory response or if the phone is not returned, consider contacting a supervisor at the police department.

Additionally, you may want to seek assistance from a victim's advocate or an attorney. They can guide you through the process and help assert your rights in this situation.

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