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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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I was arrested and the police officers search my purse and I

Customer Question

I was arrested and the police officers search my purse and I had six cell phone none were reported stolen they said because I have to many I had to show receipt. Can they do that?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 9 months ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of experience. It is a pleasure to assist you today.

In short, no. There is no law that says you cannot own or have in possession multiple phones. Unless they have proof these phones are stolen, or other evidence that suggests that you are in possession of stolen items, they cannot charge you with any crime related to the phones and they cannot make you show receipts either.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response.

Thank you and best wishes going forward!

Expert:  Delta-Lawyer replied 9 months ago.

Did you have any other questions? Thanks

Customer: replied 9 months ago.
I do. They arrested me that day due to a warrent I had. I got bailed out and went down to get my phone with receipts between the hours they are open and they still had some excess not to give them back
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
They also took a few SD I had extra in purse.
Expert:  Delta-Lawyer replied 9 months ago.

That is ridiculous. I assume that they did not issue any citation relative to the phones as well. You can and should file a complaint against the officer and you have the right to sue them for abuse of power under the color of law. Unless they have a reasonable suspicion that the phones are stolen (which would entail something more than mere speculation), then they cannot take the phones and they cannot require a receipt for them to be released.

The same is true for the SD cards as well.

Let me know if you have any other questions and please also rate my answer positively (THREE OR MORE STARS).

Customer: replied 9 months ago.
They did not. And to tell u the truth they didn't even tell me about taking my SD card. I noticed when I was released from custody. I do have receipts for the phones.
Customer: replied 9 months ago.
Can u please give me a call if u can(###) ###-####
Expert:  Delta-Lawyer replied 9 months ago.

Alright, you need to file a complaint against the officers with the police station. You also need to look into filing suit. I would also urge you to contact your local US Justice Department Office (normally in a federal courthouse) and file a civil rights complaint against the officers.

Unfortunately, I am not in a place in which I can talk on the phone. My apologies.

Customer: replied 9 months ago.
That's fine. But u know how there's no proof they have them what if they lie and say they dont
Customer: replied 9 months ago.
When I contact the us Justice Department Office. What is it I do. Sorry not familiar with this type of things
Customer: replied 9 months ago.
What kind of suit is it I'm going to want to file
Expert:  Delta-Lawyer replied 9 months ago.
The justice department complaint would be civil rights/abuse of power. They have a complaint form to fill out.The suit would be abuse of power and civil conversion or theft.
Expert:  Delta-Lawyer replied 9 months ago.
Let me know if you have other questions and please rate my answer positively. Thanks!
Expert:  Delta-Lawyer replied 9 months ago.

Did you have any additional questions? I want to make sure you are as comfortable as possible as you move forward on this issue. Thanks!