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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can police on arresting warrant, seize my personal

Customer Question

Can police on arresting for bench warrant, seize my personal cell phones and computers? Obviously there is no crime they are suspecting me of committing when I was just being arrested for my outstanding warrants? There hasn't been any new charges filed
since the incident etc. Is there certain time frame that they must return my property? I have contacted arresting agency and scheduled time to pick up my property but was only given my wallet with cards, my backpack that carried the laptop, and items in the
backpack etc. The computer or phones were not returned nor was the laptop charger for my other laptop? So now I had to spend $80 for an additional apple charger since they seized both chargers since I had my laptop, the charger for that laptop, and the charger
for my other laptop in my backpack. Can I demand the return of all my property or at least the 2nd charger? What are my rights?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Yes, in general, the police can seize all of this during the course of an arrest puruant to a warrant, but they would have to have probable cause and another warrant to look into the contents of your phone and computer.
They will keep the property while they are investigating. If they find evidence of criminal activity and that the computer and phone have been used in furtherance of criminal activity, they can confiscate it as contraband.
So you can ask for your property, but you're better off letting your lawyer handle this matter and see if he can get the property released for you. If you've got an open case, you're in no position to demand anything from the police right now.