Want SD Card back!

[jamhunt009]

I am in North Carolina. I was shot 7 months ago by some gangbanger while using my cell phone. The police have entered the cell phone in as part of the evidence just in case there may be some calls that came in or texts that would help them break the case. I signed a waiver for them to examine, copy or whatever they needed to do with the phone. By the way, the phone was struck by the blast also. I am not interested in the return of the cell phone but would like my SD card returned. They have had long enough to do whatever it is they needed to do in my approximation witht the SD card or phone. Question 1: Can they legally keep my SD card forever? I told them to make a copy if they needed to. I am sure the phone was destroyed as it exploded in my hand and my service experienced a critical error according to my provider. Question 2: I wasn't given a copy of the form I signed. Should they have given me a copy of the agreement?

 

[FlyingRon]

Why was the gangbanger using your cell phone?

 

[jamhunt009]

Want Sd Card back

I was shot while on my cell phone.

 

[JETX]

Question 1: Can they legally keep my SD card forever?

Yes.... if you allow them to.

Question 2: I wasn't given a copy of the form I signed. Should they have given me a copy of the agreement?

Should they?? Yes.
Are they required to?? No.

What did the investigating officer or prosecutor say when you contacted them NICELY and asked for the return, or how to get the return??

 

[jamhunt009]

Not yet

I haven't asked for the card yet. I wanted to give them ample time to do whatever they needed. Furthermore, I wanted to consult here before asking so that I may have some understanding about the matter.

 

[CdwJava]

The laws and procedures in your state might be different than in mine, but out here you would generally only get the card or the phone back in one of two ways. One, the D.A. signs a letter authorizing the police to release it - effectively saying it will not be needed as evidence should a suspect be identified. Or, two, get a judge to order its release.

The reason a copy doesn't do much good is that it is not the actual item of evidence. While it may not really matter in this situation, in general the police are reluctant to give up a piece of evidence absent an order from the court or direction from the D.A. Sometimes it is what you do NOT have in your possession that becomes the key piece of evidence. It may not seem like much now, but if the defense discovers the card no longer exists, they might make an issue out of it. And a copy is not the best evidence as a copy is, by definition, a manufactured piece of evidence. It can be challenged.

In your case I don't think it will make much difference,but the police might dig in their heels at releasing it. It doesn't hurt for you to call the agency and ask what your options are.

 

[xylene]

The reason a copy doesn't do much good is that it is not the actual item of evidence.

I think the poster might be happy to get the copy himself...

 

[CdwJava]

I think the poster might be happy to get the copy himself...

That might be feasible ... provided someone at the agency knows how to do that properly without actually effecting the evidence. I have found a great many Luddites in law enforcement.

 

[dave33]

jamhunt, At the very least you have to let someone know you are interested in the cards return. Considering the circumstances it may not even have crossed anybodys mind that you are interested in having the card returned. Since it is now considered evidence, call and ask whatever detective you dealt with what options you have or what you can do (if anything) to facilitate the return of your property.

 

[Joshuaace2]

I think the poster might be happy to get the copy himself...

Sounds like a darn good compromise to me.