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

Discussion in 'Criminal Law Forum' started by Smac, 22 November 2015.

  1. Smac

    Smac Member

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    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?
     
  2. xtrippyx

    xtrippyx Member

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    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.
     
  3. Smac

    Smac Member

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    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.
     
  4. Smac

    Smac Member

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    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?
     
  5. Rod

    Rod Well-Known Member

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

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