Asked 6/18/2016 – Fort Worth, TX

I was arrested on a probable cause auto theft warrant, and the officer took my phone and my debit card and said I couldn’t have them back because they were going to the property room. What possible reason is there for him to be able to legally keep my personal debit card or my phone in this situation? And is there any way I can get these items back?

Answer

If the items were seized as evidence, the State has the right to retain the items. I don’t know the allegations against you, but a search on the history and use of the phone and card is probably what they are looking for, and if anything ties in with the offense. You may get the items back at the conclusion of the case against you (depending on the outcome). Get with a local attorney soon.