QUESTION

how is this evidence?

Asked on Dec 29th, 2012 on Criminal Law - Iowa
More details to this question:
Supposedly according to the arresting officers my cell phone was found in stolen vehicle. after they returned to the scene. after leaving the scene unsecured with the owner of the vehicle there.. the next day when i was released they gace me my cell ohone back.. if this was evidence shouldnt it have been kept for an exhibit for court?
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1 ANSWER

General Practice Attorney serving Ontonagon, MI at Robert Peterson, Attorney at Law
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There would appear to be a problem with the chain of custody of the cell phone and this could prevent the cell phone from being utilized as evidence in the case.  The officer could still testify that the phone was found in the car, though. You should discuss this situation with an attorney to protect your rights and to assist your case.
Answered on Jan 19th, 2013 at 10:08 AM

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