Q: Reasonable time frame for police to release seized phone without a warrant?
I was arrested on January 11th, 2025, in Flagstaff, Arizona, for fraud schemes and identity theft, but no charges have been filed. The police seized my phone without a warrant and have refused to release it, claiming they are awaiting a search warrant. It's now February 20th, and I have received no documentation about the seizure or the pending warrant. What is considered a reasonable time frame for law enforcement to release my phone or obtain a warrant, and what steps can I take to address this issue?
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- Arizona
- (602) 975-3135
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- Answered
A: Generally speaking, the State has 7 years to file felony charges. Given that time frame they can keep the phone for the entire seven years. You can make requests that the phone be returned to you. They should have a warrant by now and if they don't, they might not have probable cause to get a warrant. The Police do not have a duty to disclose information on an ongoing investigation, so they can keep you in the dark for quite a while. Given that there is an investigation you should retain counsel and have them make a formal request for return of the phone.
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