My mobile phone was seized on 9th June, 2017 because I had recorded a police interview (using voice memo) without the detective's knowledge. The police only found out about it because of a recorded phone call made between myself and my brother (who is incarcerated in a NSW prison).
My brother is being held on remand for alleged domestic violence offences and gun related charges (e.g.: not securing a firearm safely; not having a gun license). Note, the guns were never used for any crime.
The detective asked me for my phone and pin lock number. I initially refused, but was then told if I did not comply I would be arrested for breaching the crimes and surveillance act of recording a police officer and they would take the phone regardless. The detective said he "only wanted to download the voice memo...and he will decide if any charges will apply". He also said if his technician had time, I could even get my phone back later that afternoon. These were all lies. Further, the detective even contacted one of our solicitors and informed them I had recorded them too! My solicitor hung up on them.
It is now the 8th August and 2 months has passed. I have tried in vain to contact the detective by phone and email with no response. I wrote a letter to the NSW Police Force Customer Assistance Unit and received a reply from the Campbelltown Police Local Area Command. The letter states that "I have determined that police have acted appropriately in this instance, in that your mobile phone was lawfully seized as an exhibit".
My questions are:
1. What exhibit? If they are using my phone for my brother's criminal case, can they do that?
They did not produce a warrant. Nor did they tell me it was going to be used for his case. There is nothing on my phone that connects any criminal activity to do with my brother. I have email correspondence to my brother's criminal and family lawyers. I've been told the police cannot use this in court. No doubt they still will.
2. How long can the police hold on to my phone without arresting me?
3. If the police have downloaded everything they need - then why is my handset still being held by police?
Clearly I am frustrated by the lack of information and I am paying for a brand new iPhone 7 plus which I cannot use.
Any help on what I should do next would be most appreciated.
Thank you.
My brother is being held on remand for alleged domestic violence offences and gun related charges (e.g.: not securing a firearm safely; not having a gun license). Note, the guns were never used for any crime.
The detective asked me for my phone and pin lock number. I initially refused, but was then told if I did not comply I would be arrested for breaching the crimes and surveillance act of recording a police officer and they would take the phone regardless. The detective said he "only wanted to download the voice memo...and he will decide if any charges will apply". He also said if his technician had time, I could even get my phone back later that afternoon. These were all lies. Further, the detective even contacted one of our solicitors and informed them I had recorded them too! My solicitor hung up on them.
It is now the 8th August and 2 months has passed. I have tried in vain to contact the detective by phone and email with no response. I wrote a letter to the NSW Police Force Customer Assistance Unit and received a reply from the Campbelltown Police Local Area Command. The letter states that "I have determined that police have acted appropriately in this instance, in that your mobile phone was lawfully seized as an exhibit".
My questions are:
1. What exhibit? If they are using my phone for my brother's criminal case, can they do that?
They did not produce a warrant. Nor did they tell me it was going to be used for his case. There is nothing on my phone that connects any criminal activity to do with my brother. I have email correspondence to my brother's criminal and family lawyers. I've been told the police cannot use this in court. No doubt they still will.
2. How long can the police hold on to my phone without arresting me?
3. If the police have downloaded everything they need - then why is my handset still being held by police?
Clearly I am frustrated by the lack of information and I am paying for a brand new iPhone 7 plus which I cannot use.
Any help on what I should do next would be most appreciated.
Thank you.