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Legally, under KS law, a cell phone is "contraband" in a jail or prison facility. They are allowed to confiscate and hold and even destroy any contraband at the discretion of the warden. It is also a criminal offense to possess any contraband in jail/prison so the phone is indeed evidence as well. The possession
of contraband in any jail or prison facility in KS is a level 6 non-person felony, which is punishable by 5 to 7 years in prison and a fine of $1000 to not more than $25,000, so as you can see it is quite a serious offense.
You would have to wait to make a request to recover your property after the DA decides whether or not they are going to prosecute you for the possession of the contraband in the prison.
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