QLD How Do I Get My Mobile Phone Back from Police?

[Smac]

Hi,

The police won't give my mobile phone back. They say it's because I have lodged an appeal and they might need it for evidence, but they have already submitted the evidence from the mobile phone in court.

Can they do this?

 

[xtrippyx]

Yes, they can I believe. I had my phone seized once and they did a celebrite download. They advised me the phone was going to be forfeited to the crown (basically I never get it back). I had a duty lawyer represent me and request my phone be returned due to a few reasons e.g. I was young and needed my phone, stuck in a contract for x amount of months, how much the phone was costing me per month, etc.

I would talk to your lawyer and ask them if they can request it back since they've done what they needed with it.

 

[Smac]

Yes, they can I believe. I had my phone seized once and they did a celebrite download. They advised me the phone was going to be forfeited to the crown (basically I never get it back). I had a duty lawyer represent me and request my phone be returned due to a few reasons e.g. I was young and needed my phone, stuck in a contract for x amount of months, how much the phone was costing me per month, etc.

I would talk to your lawyer and ask them if they can request it back since they've done what they needed with it.

Thank you for your response, however, I did that with my first lawyers & they had sent a couple of letters to them with no reply. I am yet to meet my new lawyer who is handling my appeal so perhaps he will have a better idea what to do about it. It's been over two years now & with out exaggeration between myself, my lawyers & members of my family, we must have made at least 40 to 50 requests to have it returned.

 

[Smac]

Sorry about that, they have never told me that it would be forfeited to the crown & and the judge never ordered that upon conviction either?

 

[Rod]

It is unlikely they will return evidence while the court case/s relying on that evidence are still active.