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Police withheld mobile phone abroad, can I change it to a new number when I get home.

  • 01-06-2011 1:28pm
    #1
    Banned (with Prison Access) Posts: 586 ✭✭✭


    I was abroad recently and got into spot of trouble, my mobile phone was confiscated as evidence by the police with all details on sim and stored in phone etc. I am now home with out a bill paid phone with a cost of €60 a week on standing order bundle and data charges. I was told I could be without the phone for several months. I cannot afford to be paying for a second phone package while keeping that one active.

    Am I entitled to allow my service provider in Ireland issue me with another number? Do I have to keep the original number / sim active for the authorities abroad.

    Advice appreciated.


Comments

  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Why not ask the authorities abroad? Seems like the simplest solution. You may not even need a new number... you should probably see a solicitor as well if you're in the kind of trouble that they are confiscating your phone tbh.


  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Tell the company that you've lost the phone and want a new SIM issued. You'll have to get a new phone yourself as it will be difficult to claim on insurance.

    You've no obligations to keep the SIM active abroad unless you were instructed to. There is a possibility that the police may have contacted your operator. However, there is no reason that you should be at a financial disadvantage to facilitate a legal process.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I take it your phone was not withheld but seized as part of an investigation. Only information already on the phone when it was seized can be used in an investigation so it doesn't matter if the sim is active or not.


  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    Seanbeag1 wrote: »
    I take it your phone was not withheld but seized as part of an investigation. Only information already on the phone when it was seized can be used in an investigation so it doesn't matter if the sim is active or not.
    Would this apply to data on computers also?


  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    Would this apply to data on computers also?

    What do you mean?


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  • Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    BrianD wrote: »
    What do you mean?
    If the police retained a suspects computer can they use incoming data such as emails etc to be used as evidense against a person. Eample supposing someone was up for recieving stolen property, Police take computer, a week later it is mentioned in an email by someone, can the police use that as evidence? It would be the same as receiving a text message about something a week after a phone was impounded.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Surely unless you are using outlook the email is never actually on the computer but stored by the service provider e.g. google for gmail?


  • Registered Users, Registered Users 2 Posts: 4,183 ✭✭✭Fey!


    Back to the OP, ask your phone provider for a replacement SIM card. Most will supply this free of charge.

    As for a handset, you could buy a ready to go for your network, or you may have an upgrade due on your account.

    Finally your contacts; hopefully you had your old phone backed up or a contact list made. If not, you'll have to start getting your contacts from scratch until you get your old phone back.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    If the police retained a suspects computer can they use incoming data such as emails etc to be used as evidense against a person. Eample supposing someone was up for recieving stolen property, Police take computer, a week later it is mentioned in an email by someone, can the police use that as evidence? It would be the same as receiving a text message about something a week after a phone was impounded.

    It depends on the warrant they have. A simple search warrant does not allow for the interception of communications.


  • Closed Accounts Posts: 7,221 ✭✭✭BrianD


    It's an interesting question and it would apply to a phone or a laptop,

    If the device is seized say during a crime can any communications present on it or are received after it is seized be used?

    Would more paperwork be required to use the data?


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