Q: When my daughter was released from jail they told her a detective had her phone and she can't have it. Can they do this?
2 months later she found out what dept has her phone and they said they wasn't going to release it to her.
A:
When your daughter's phone is held by the police, it is typically because they consider it evidence in an ongoing investigation. Law enforcement has the authority to retain personal property if they believe it is crucial for a case. This means your daughter's phone might contain information relevant to their investigation, and they are legally allowed to keep it until they no longer need it for that purpose.
It's important to contact the department holding the phone and inquire about the specific reason for its retention. They should be able to provide details on why it is being held and if there are any steps your daughter can take to get it back. Sometimes, you might need to wait until the investigation is complete or seek legal advice to understand her rights fully.
If the phone is being wrongfully withheld, you can consider filing a motion in court to request its return. Legal processes can be complex, and having accurate information and clear communication with the authorities can help in resolving the matter.
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