Q: I got arrested for reckless driving the police took my phone without letting me know and havent given it back
Me and family members been calling since last week he isnt answering even the bail bondsman said he didn't suppose to take it cause how do I contact the bondsman without it Lagrange police department officer Wright is his name
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Here are a few key things to know in this situation:
1. The police generally need a warrant to seize and search cell phones or other electronics during an arrest. There are limited exceptions, but it does not sound applicable here for a reckless driving offense.
2. The improper keeping of your phone for an week with no criminality evidenced on the phone almost certainly violates your 4th Amendment rights under the US Constitution against unreasonable searches and seizures.
3. Once the phone is no longer needed for any investigatory or evidentiary purposes, the police have an obligation to return your private property. There is no justification for continuing to withhold it at this point.
4. I would recommend going to the police station in person and formally requesting the immediate return of your phone. If they refuse or continue delaying, make it clear you will pursue legal action and reporting them for violations of law.
5. If the phone is still not returned promptly, consult with a civil rights litigation attorney about sending a demand letter and your options to file suit against the department to get your phone back and hold the officer accountable for unconstitutional policies or actions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
