Q: Hello i have a question, the other day police arrested my friend for disorderly conduct while he was just trying to walk
away. 5 of them jumped him started beating him even tho he didnt do anything to them. I started filming it and one police officer told me and his sister to move so we did, couple seconds later she got my phone and came closer again to film it and they arrested her. I asked for my phone back they didnt want to give me saying its the evidence now. My friend got out same night, and she got out morning after, without my phone. My phone is still there with them, so i wanna ask did they had the right to take the phone? And what should and can i do right now, also do they have the right to delete the video i took of them beating my friend ?
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A:
It sounds like a difficult situation, and it’s important to know your rights in cases like this. Generally, the police can seize a phone if they believe it contains evidence of a crime, but they should provide a receipt for the seized property. You have the right to request this receipt and inquire about the status of your phone.
You should contact the police department that took your phone and ask for a property release. Make sure to ask them for any written documentation that explains why they are keeping your phone. If they refuse to return it or you feel your rights have been violated, consider filing a complaint with the police department or seeking legal assistance.
The police do not have the right to delete the video you recorded, as that would be considered tampering with evidence. Keep a record of everything that happened, including the names and badge numbers of the officers involved if you have them. This documentation can help if you need to take further action to get your phone back or pursue a complaint.
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