Iphone seized by police

bahairy

Dear boards,


Unfortunatley earlier today I had my iphone seized by police, I was found with a small amount of a green substance on me.

I did not give them my pin, they have kept it and told me that they are planning to search through it.

They turned the phone off

I went home and immediately activated the erase via "find my iphone" icloud program.


Anyone know if they have the capabilities to gain access to data on my phone ?

Much appreciated.

One of the reasons, why they turn off the phone is, so the phone cannot be remotely wiped.

Egass13

I'd move that to legal forum. How can a Garda just take your phone because you had a bit of "green" ? Can't be right surely .

Jamie2k9

Egass13 wrote: »

I'd move that to legal forum. How can a Garda just take your phone because you had a bit of "green" ? Can't be right surely .

Would think the OP needs to define "bit" as what the guards may hold a different view.

banquo

Surely they'd need a warrant to search your phone? Same as to go through your mail, etc.

Edit: But if you've done that, it would surely erase as soon as it's turned on.

Lux23

Contact a solicitor and get your phone back if they didn't have a warrant, seizing your phone or any other electronic device is the same as searching your house.

eezipc

According to citizens information, the gardai can take your phone.
"Search on Arrest
When you are arrested, the Gardai may take goods in your possession if they believe that it is necessary to do so and if the goods are evidence in support of a criminal charge. The Gardai may search you after your arrest without a search warrant and the goods seized may be kept and used as evidence at your trial."
citizensinformation.ie/en/justice/arrests/powers_of_search

whiteandlight

If it was a lot of 'green' they may be looking for evidence of dealing

Snake

Yeah wipe your phone... That's a smart idea.. Why would you wipe it with nothing to hide...

jamesd

What's green?

kneemos

jamesd wrote: »

What's green?

Marajuwana I presume,unless he was smuggling Parsley.

kneemos

jamesd wrote: »

What's green?

Marajuwana I presume,unless he was smuggling Parsley.

frag420

jamesd wrote: »

What's green?

It's what you get when you mix blue and yellow.....

bahairy

thank you all for your relpies.

maybe this might be better as one poster mentioned on the legal forum, if thats possible moderator?

it was a very small amount. theres not way i would be suspected of dealing. they also searched both my addresses with a warrent and found nothing.

Im concerned about the security of the device itself. I have nothing to hide from a legal point of view but i was treated badly in custody and there is a sensitive information regarding my personal life that I would never want anyone accessing. I view it as an unneccessary invasion of my privacy.

minikin

Can you go back to 'findmyphone' an undo the erase? I would seriously consider doing so... Otherwise you've just destroyed evidence / impeeded a criminal investigation. A lot more serious than 'a bit of green'

dharma200

They will ofcourse be checking your phone to see if you have had contact with whoever you might have got said green from....
Ridiculous waste of time and resources..... The sooner small amounts of cannabis are decriminalised the better. That's another matter...
I really doubt they will bring charges of impeding etc ect. However if worried contact a lawyer.

Kimbot

They will take your phone to gain intel from, see who you are buying said green from. Its quiet normal for them to take the phone, they can search you without a warrent on the suspicion of drugs so im sure they can seize the phone under the same guise.

Tordelback

The cops applied for and were granted warrants to search two locations, on the basis of a personal-use quantity of grass? Either someone has an overtime quota to reach or they have stronger suspicions.

TimeToShine

I highly doubt it was "a small bit".

You were caught with intent to distribute, they have the right to seize anything on your person which may aid the investigation.

frag420

TimeToShine wrote: »

I highly doubt it was "a small bit".

You were caught with intent to distribute, they have the right to seize anything on your person which may aid the investigation.

You are obviously the cop that arrested him then?

Manach

My understanding AFAIR from a similar US case
- to access the data a warrant would need to be issued. This will then allow the police to check for evidence related to the initial crime incident. The only exception to this is were there is a real and present threat of further series crime that would necessitate immediate access. But on the OP's facts that seems unlikely in this instance.

Del2005

minikin wrote: »

Can you go back to 'findmyphone' an undo the erase? I would seriously consider doing so... Otherwise you've just destroyed evidence / impeeded a criminal investigation. A lot more serious than 'a bit of green'

Unless the data is overwritten it's still recoverable, might be take a while to crack the encryption.

Sulla Felix

Del2005 wrote: »

Unless the data is overwritten it's still recoverable, might be take a while to crack the encryption.

Not really, both Apple and Google are upfront with the fact that they'll cooperate with police investigating crime. They both have an internal unit that handles requests for unlocking by law enforcement.

Manach wrote: »

My understanding AFAIR from a similar US case
- to access the data a warrant would need to be issued. This will then allow the police to check for evidence related to the initial crime incident. The only exception to this is were there is a real and present threat of further series crime that would necessitate immediate access. But on the OP's facts that seems unlikely in this instance.

I'd have thought electronic equipment found in the house the warrant was issued for would be covered by that warrant.

Doodah7

Manach wrote: »

My understanding AFAIR from a similar US case
- to access the data a warrant would need to be issued. This will then allow the police to check for evidence related to the initial crime incident. The only exception to this is were there is a real and present threat of further series crime that would necessitate immediate access. But on the OP's facts that seems unlikely in this instance.

How do US laws have any relevance whatsoever to Irish legislation?? Seriously?? Why don't you quote some relevant Outer Mongolian legislation while you are at it...

vinnycoyne

No really relevant to this forum. Contact a solicitor would be my advice.