Police Phone Seizure Rules

Summary

Police in Virginia can seize your phone during an investigation, typically needing a warrant. They cannot compel you to disclose your password due to Fifth Amendment protections. If threatened, gather evidence and consult a local attorney. Some civil lawyers work on a contingency fee basis.

Full Conversation

CAN A POLICE take my phone and keep it if they didnt charge me with anything
Hello ****, the police may confiscate your phone as evidence in an ongoing investigation. However, it's important to understand the procedure for this. Could you tell me which state you're in to provide more specific information?
Virginia
In Virginia, police can seize your phone during an investigation, but:
- They usually need a warrant.
- They must return it if you're not charged.
- You can submit a request for its return.
Any issues, consult a local attorney.
What about if they force you to give them phones password
In Virginia, police cannot force you to give your phone password without a warrant. If you feel your rights are being violated, you should consult with a local attorney.
Even with a warrant they cant force password
That's correct, ****. Even with a warrant, in Virginia, police cannot compel you to disclose your password due to protections under the Fifth Amendment which guards against self-incrimination. Always consult with a lawyer in these situations.
They threatn me with charges if i didnt give them.password
That sounds concerning, ****. Threatening someone to extract information is generally not acceptable. Do you have any evidence or witnesses to this incident? This could be crucial in a potential case against them. Remember, it's always advisable to consult with a local attorney.
Yes my daughter and her mom
That is very important, ****. If you have witnesses, it strengthens your case. Are you interested in pursuing a legal action against the police for this? Also, could you confirm your city in Virginia for local resources?
Yes and they still have the phone 3 months
That's a long time, ****. Have you contacted the police station or submitted a formal request to get your phone back? If not, consider doing so with the help of a local attorney. Do you need help finding one in your city?
Are civil lawyers free untill they win case
Some civil lawyers work on a contingency fee basis, meaning they only get paid if they win or settle your case. However, this is not always the case, and fees can vary. Always discuss payment terms upfront.