Q: if you were taken to jail. can the arresting officer throw out your property ie phone/backpack while you are in jail?
A: The police typically wouldn't do this. Jail staff might. Ordinarily, the police turn over all property with the person to jail staff. Once that process is complete, the police are largely out of the picture.
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A:
If you are taken to jail, the arresting officer cannot simply throw out your property, such as your phone or backpack.
Typically, any personal belongings you have at the time of your arrest are taken into custody and logged as part of the booking process. These items are usually held securely until you are released, at which point they should be returned to you. If your property is lost or damaged while in police custody, you may have grounds to file a complaint or seek compensation.
If you find that your belongings were improperly discarded, you should document what happened and consider seeking legal advice to address the issue and protect your rights.
Brent T. Geers agrees with this answer
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