Minneapolis, MN asked in Civil Rights for Iowa

Q: what should I do if the chief of police is refusing to return My cell phone but claims to have a warrant

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: If you're facing a situation where the chief of police is refusing to return your cell phone and claims to have a warrant, here are some steps you should consider:

1. Request to see the warrant: You have the right to ask to see the warrant. If they have one, it should specify what items can be seized and why.

2. Document everything: Write down all details of your interactions, including dates, times, and names of officers involved.

3. Don't consent to searches: If they ask for permission to search your phone, politely decline unless they have a warrant.

4. Seek legal counsel: Contact a lawyer, preferably one specializing in civil rights or criminal defense. Many offer free initial consultations.

5. File a formal complaint: You can file a complaint with the police department's internal affairs division or civilian oversight board.

6. Contact your local ACLU: The American Civil Liberties Union may be able to provide guidance or assistance.

7. Don't attempt to physically take back your phone: This could lead to criminal charges against you.

8. Be polite but firm: Assert your rights calmly and respectfully.

9. Consider filing a public records request: This can help you obtain information about the alleged warrant and the reason for seizing your phone.

10. If necessary, consider legal action: A lawyer can advise if filing a lawsuit for the return of your property is appropriate.

Remember, law enforcement must follow proper procedures when seizing property. If you believe your rights have been violated, it's crucial to seek legal advice promptly.

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