My phone was wrongfully seized by police

Discussion in 'Android Hacks and Help' started by bkillman07, Feb 24, 2013.

  1. bkillman07

    bkillman07 New Member

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    my phone has been seized by police w/o a court order. how can i wipe my phone clean from my pc.
     
  2. GoCliffGo05

    GoCliffGo05 Super Moderator
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    Sorry, you can't do what you're asking. You would need the phone.

    Sent from my DROID RAZR HD using Xparent Cyan Tapatalk 2
     
  3. FoxKat

    FoxKat Premium Member
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    GoCliffGo05 is correct. Unless the phone is connected to a domain with administrative rights, such as when your employer obtains written permission from you and the IT department has the authority to wipe the phone to protect corporate secrets or customer data, or unless you've installed a remote wipe utility prior to the phone being confiscated (and the phone is powered on), you're out of luck.

    I suppose it is perhaps senseless to mention that if you hadn't used it for any illegal activities you have nothing to worry about...

    Otherwise, why did you give it up? A law enforcement agent can't just sieze your personal property without a court order unless it falls under some pretty extreme circumstances, such as homeland security, or unless it's evidence in a crime scene.

    I hope for your sake that whatever reason they wanted it wasn't to investigate you, because these days they have all the technology they need right in their patrol cars to pull off any and all data they wish, including phone records, GPS data, texts, pics, and of course any files contained in memory or on SD cards. They already have whatever was on that phone because they can clone it in a matter of minutes.


    Edit; I'll add that if the phone was siezed illegally, i.e. without a warrant where one was required, a good attorney can have any evidence retrieved from that phone excluded from use to prosecute. Illegal search and seizure is protected pretty strongly and the last thing the court wants is to prosecute and convict someone using "tainted evidence", only to have the conviction overturned due to something so stupid as that. The officer(s) involved in that seizure will be dealt with handily.​


    Sent from my A210 using Tapatalk HD
     
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  4. bkillman07

    bkillman07 New Member

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    I didn't hand my phone over when I was being arrested for some class c mis. traffic tickets that had turned into warrants for failure to pay them. I gave the phone to my girlfriend b4 I got arrested. Long story short, they arrested her to on some bogus charges that will b thrown out of court. Charge me with the same nonsense hours later. We bond out and my phone is no where to b found in our property. I go to the PD and they tell it's been seized, I say ok, well where a copy of the court order giving you the right to do this wrongful search & seizure. I get told tough sh**. Anyway, that's a little irrelevant from my inquiry about wiping the phone. I don't feel it's Breckenridge Police Dept. business what I have on my phone. I'll b damned if they get away with there bullying tactics. I've recovered the phone by the way. I just had to make known and exercise my rights. Thank yall for the help. How would I go about setting up some kind remote wipe for future references.
     
  5. FoxKat

    FoxKat Premium Member
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  6. dezymond

    dezymond Tech Support Mod
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    I personally use SeekDroid. I never actually had to use it yet, but I did test all the features and they all work great. I have the peace of mind I can do this with a another phone via text message or as long as have access to a browser.
     
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  7. vatothe0

    vatothe0 Member

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    Someone should make an app that self destructs a phone's data if a certain password isn't entered every X days.
     
  8. FoxKat

    FoxKat Premium Member
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    Oooh! That's a nice idea! :biggrin: It would prevent prying eyes. Or even better, it destroys data if the phone isn't unlocked with the proper password - while also keeping finger on a certain unlabeled spot for a certain time after unlocking!
     
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