20Jun 2019

The Police Took My Son's Phone. Can They Keep It?

Evidence is something that the police like to hold on to, and the more evidence
they have, the stronger of a case they can build against a 
defendant. It should come as no surprise that cell phones are 
potentially key pieces of evidence. However, you need to have a reason 
to keep an item as evidence other than it happened to be "in the right 
place at the right time."

Let's say your son is in a car with some of his friends and for some reason,
they are pulled over in a traffic stop. Let's say that during 
that traffic stop one of his friends had a container with Fentanyl in it 
under the seats and it was found. The police may then take all cell 
phones in the car as evidence of a potential drug dealing conspiracy. 
If, indeed, your son's cell phone has no connection to the dealing of 
illicit substances, the police may not simply give it back and you may 
have to file a motion to regain possession of it.

If you have any questions about any criminal defense matter, or if you 
have been arrested or charged with any crime, and if you live in 
Burlington, Essex, Colchester, Winooski, Williston, Shelburne or 
anywhere in the State of Vermont, and have been arrested or charged with 
DUI or any crime, call Handy Law for aggressive and experienced legal