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QLD Police Took Mobile Phone - How Long Until Its Returned?

Discussion in 'Criminal Law Forum' started by Shirley Mason, 29 December 2014.

  1. Shirley Mason

    Shirley Mason Member

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    On Saturday 20th December the local police in Surfers Paradise took my son's mobile phone and despite requests to have it returned, this has not happened. My son has quotes for hail damaged cars (related to his work) in the phone and his employer needs this information to continue with the repairs. How long is it reasonable to wait for the return? My son is concerned that the information may be tampered with inadvertently and lost.
     
    #1 Shirley Mason, 29 December 2014
    Last edited by a moderator: 29 December 2014
  2. Paul Cott

    Paul Cott Well-Known Member

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    Shirley,

    I think it depends on the reason the police took the phone. A week or so may be reasonable, but it really depends on why they have it and what they are doing with it.

    Paul.
     
    Tim W likes this.
  3. Tracy B

    Tracy B Well-Known Member

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    Hi Shirley,

    Further to what Paul said, I suggest diverting your son's calls from that number to another phone (number) by contacting the telecommunications service and having them do this remotely. The owner of the account will need to do this. Further, have your son contact his employer and get him/her to change the registered number so that he can receive future calls from clients and other people on a different number. Mitigate his losses as soon as possible and as much as possible.

    Police can take a while to return property. Like Paul said, it really depends on why the police seized the phone in the first place and what they need the phone for. Did they have a court order to seize? Was this made in suspicion of an offence? If your son wants his phone back soon, I suggest speaking with a criminal lawyer (or your local community legal centre) and seeing if the police followed proper procedures before seizing your property and if not, your son will have a much stronger ground for demanding its immediate return.
     
  4. Shirley Mason

    Shirley Mason Member

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    My son went again to the police station to request his phone. He got a call to say they were returning it. 4 police arrived with a search warrant and searched his apartment looking for drugs. 2.1/2 years ago Rob was involved in the drug scene in Vic but had counselling, stayed with us for a period of time and then, after advice from the Salvation Army counsellor, moved to Qld and since then has gone from strength to strength with his work, has not been involved with drug, married and had a son. He has just arrived home after being questioned and says they have said he has to appear in court end Jan. the only plus is that he now has his phone and can get on with work. Thanks to those people who replied.
     
    John R likes this.
  5. John R

    John R Well-Known Member

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  6. ForensicsGuy

    ForensicsGuy Member

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    John,

    The link you provided is quite old, so I thought I would add the following links for updated information on what is in use now:

    This unit is widely used by state and federal police when they need an in depth forensic analysis
    http://www.cellebrite.com/mobile-forensics/products/standalone/ufed-touch-ultimate

    Although this has not been rolled out as yet in Australia it will be and it will replace the above unit.
    http://www.cellebrite.com/mobile-fo...nge-of-peripherals-and-accessories-click-here

    Any questions on mobile phone forensics or any digital forensics, feel free to get in touch.
     
    John R likes this.

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