Legal Question in Criminal Law in Indiana

My daughter was arrested with my money in her wallet. I thought it was shady that just took the cash and put it on commissary . She was O.R.'ed 2 days later. She picked up her personal property. it was to late get a refund. They couldn't tell her where her car had been towed. And the arresting officer had her phone. She would have to contact him to get that back. But offered no contact information. This all sounds crazy to me. Is But my main concern is the phone. Can the really do that?

Asked on 10/25/19, 3:43 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

I think the question is whether law enforcement can hold on to a phone that they take from an arrested person. Yes, until the person is released, or it is considered evidence in an investigation. In the latter instance, there would still be issues of relevance and privacy that would have to be dealt with, all involving your daughter talking to an attorney about the subject.

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Answered on 10/25/19, 7:09 am

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