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how can I get my husbands phone back?

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  • how can I get my husbands phone back?

    Is there any way I can get his phone back. Its brand new and he had it 2 weeks when they took it away. They wont fina a thing on it, they have his old phone as well. I need it back because he took a 24 month contract out and I can't afford to pay it but can't transfer it on without a phone. It would take them hardly any time at all to check his new phone out.

    What are my chances.

    Also, they have my external hard drive with 10 years of photos on. The only thing I forgot to upload to facebook over the past few years are the pics from my daughters 6th birthday. All I want is for them to send me a copy of those photos thats all.

    What can I do?

  • #2
    They are a law to themselves. Keep asking but dont hold your breath. I hear some people never get them back - the somehow get "lost"

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    • #3
      Yeah they have had my brand new iphone since aug with no chance of getting it back now till the end of a trial.

      Sorry its not good news

      Although the duty solicitor i had said something about applying to the court for it back if i needed it. Maybe someone with better knowledge could expand on this.

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      • #4
        It took exactly 16 weeks for Tony to get his phone and computer back. To be fair, they were both returned in good order. He bought a cheapo for a tenner in Tesco meanwhile.

        Regards
        Jen
        False Accusers Beware: You have chosen to dine at the Karma Cafe. There is no menu: you will just get what you deserve.

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        • #5
          Originally posted by hubbyisinnocent View Post
          Is there any way I can get his phone back. Its brand new and he had it 2 weeks when they took it away. They wont fina a thing on it, they have his old phone as well. I need it back because he took a 24 month contract out and I can't afford to pay it but can't transfer it on without a phone. It would take them hardly any time at all to check his new phone out.

          What are my chances.

          Also, they have my external hard drive with 10 years of photos on. The only thing I forgot to upload to facebook over the past few years are the pics from my daughters 6th birthday. All I want is for them to send me a copy of those photos thats all.

          What can I do?
          http://www.insidetime.org/articlevie...perty_act_1897
          People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

          PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

          Comment


          • #6
            Once ANY property seized is deemed to be no longer to the police investigation then it should be returned. Including mobiles and computers.

            The phone is not just 'checked out', they interrogate the phone using forensic software recovering not just the current contents, but deleted pictures etc. I am regularly told it can take upto 10 weeks for this (even if the phone was taken out of the packet 2 minutes before his arrest)

            Your husband or his solicitor may be able to write to request the return of the items.

            HOWEVER if they are relevant then the Crown/Police will NEED them to be retained until the end of the case.

            I've never done this for a client, but a client of my firm in custody once wrote to his mobile provider and get his account frozen whilst inside, and then it was un-frozen when he was on the outside again.

            Hope that helps.
            Hope this post helps. But this post does not constitute legal advice, nor a contract/agreement for it.

            Comment


            • #7
              You are correct that computers/phones etc are not "checked out" but are in fact interrogated, sometimes to the extent that they are rendered useless. They are then returned (often after a lot of argument) in an unusable condition.

              It is rare that recompense is forthcoming after that (and only if the "suspect" has been cleared either at trial or by the judge before or during the trial).

              A married couple who have recently been convicted have managed to have only some of their expensive property returned and that was after going via a complaint to the Police Standards Department. They are still trying to have other expensive equipment returned to them (absolutely nothing was found on that). They are going through the Police standards dept again although they will follow the barrister's advice (in the link below) as well.
              People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

              PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

              Comment


              • #8
                If the client wants to pursue the complaint themselves I usually write an initial letter to the Civil Litigation Department for the police station re lost or damaged property.

                or refer them to a solicitor specialising in actions against the police. Usually for me the local firm to refer to is Beesley & Co in Didsbury, Manchester.

                Sometimes though you don't want to disturb the bees-nest until its beyond police investigation stage.
                Hope this post helps. But this post does not constitute legal advice, nor a contract/agreement for it.

                Comment


                • #9
                  How long has it been since the arrest. Am i right in thinking this is a fairly 'new' case?
                  Computers can take 6-8 months as in most regions, there is a huge backlog. If they have just been confiscated a matter of weeks ago, then I wouldn't even consider the possibility of getting them back now.
                  And if they become relevant (on the chance that something is found that the prosecution want to use) then they will probably retain them right up until the end of the trial.

                  You can pick up very cheap pay as you go phones. Cheapest is £7 from tesco. Buy one that will take your husband's SIM card and contact the phone company to get them to send another SIM. That way he can use the contract on this phone. Not ideal, but better than nothing...and quicker than any pleas to the police might be. Like Mortons also points out, you don't want to p*ss anyone off while the police investigation is going on.
                  "Be sure your sin will find you out"

                  Numbers 32:23

                  Comment


                  • #10
                    I thought I had posted a link - silly me!

                    http://www.insidetime.org/articlevie...perty_act_1897

                    It seems there is a variety of ways one can go about retrieving their belongings.
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                    Comment


                    • #11
                      I just forked out £500 for a new iphone as the pigs still have mine. Bit of a sting but i felt like treating myself.

                      Comment


                      • #12
                        I've only just mastered sending texts - it'd be wasted on me!

                        eta - predictive text - I've sent some pearls out using that!
                        Last edited by RFLH; 1 February 2012, 10:26 AM.
                        And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

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                        • #13
                          Originally posted by RFLH View Post
                          I've only just mastered sending texts - it'd be wasted on me!

                          eta - predictive text - I've sent some pearls out using that!
                          I actually prefer the 'brick' I bought from Tesco to the I-phone I lost on a bus.
                          I'm retro at heart...if only it came with 'Snake' installed!
                          "Be sure your sin will find you out"

                          Numbers 32:23

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                          • #14
                            I got a seconhand one off ebay cos I wanted the camera facility - pity I can't get the pictures off it onto the computer! One day ..............
                            And God promised men that good and obedient wives would be found in all corners of the world. Then made the world round .... and laughed and laughed and laughed ..

                            Comment


                            • #15
                              I got a £2.95 phone (I am very good at losing/breaking expensive ones). It allows me to ring and text people, has an alarm and even has a torch! I think that's far more useful than these fancy phones.
                              "I dreamt I went to the doctor's and she gave me eight minutes to live. I'd been sitting in the f**king waiting room half an hour." Sarah Kane (4.48 Psychosis)

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