Retrieving Possessions from Gardai

JDKB17

I was requested to give a statement at my local Garda station which I did, I was then called back down to provide evidence to back up my statement which I also did. However, whilst there the investigating Guards suggested that the evidence I had given would be inadmissible in court without them retrieving data from my mobile phone to back up the evidence which I had given them. After a long discussion and reassurances as to what would be accessed I agreed to hand over my phone.

I was told that they would do their best to give the phone back to me as soon as possible and that they would personally deliver it back to me. They put me under the impression that I would have my phone back by the end of the day and if not most certainly the day after.

Now it has been two days since I gave them my mobile and haven't heard a word. I even text them on a mobile number which they provided me with, yet no reply since last night when I sent the text.

I understand its a bit premature to be worrying about how long I'll be waiting to get my phone back, but due to the impression I was given at the station and the fact I haven't got word from them after sending a text I am beginning to worry about how long I could be left without my mobile phone.

What options do I have in retrieving it? I was under no obligation to give it to them and done so voluntarily, something I am now starting to regret.

Mr. Incognito

You would have signed a custody recordy to say that they could have your phone for evidence.

Guards usually invite people they want to prosecute in "to give a statement".

Unless you are a witness for something that your phone is required for or the complainant they might be investigating you in which case I'd be going to a solicitor pronto.

unattendedbag

Mr. Incognito wrote: »

You would have signed a custody recordy to say that they could have your phone for evidence. .

Incorrect. Custody record is only filled out if a person is arrested.

Most likely the phone is sent to a guard with specialist training in downloading information from phones. This is most likely where the delay or hold up is. Sending the phone, (guard on a different shift) who does the job when he gets a chance then sends it back.

The guards have an electronic exhibit tracking system that should be used to track who has your phone. If you cannot contact the guard who you gave it to then go up a rank and ask for some help locating it. If still you can't get an answer then go up another rank and so on.

JDKB17

Mr. Incognito wrote: »

You would have signed a custody record to say that they could have your phone for evidence.

Guards usually invite people they want to prosecute in "to give a statement".

Unless you are a witness for something that your phone is required for or the complainant they might be investigating you in which case I'd be going to a solicitor pronto.

I'm personally not being investigated, I'm being questioned as a witness so I don't currently feel the need for a solicitor. Thank you for your contribution though.

My phone being handed over is in relation to text messages which I sent/received from my device to someone else. I gave them a copy of the messages but they are screenshots. They said that if I gave them my phone they could get the technician to download my data to try corroborate my statement and evidence with time stamps on the phone.

JDKB17

unattendedbag wrote: »

Incorrect. Custody record is only filled out if a person is arrested.

Most likely the phone is sent to a guard with specialist training in downloading information from phones. This is most likely where the delay or hold up is. Sending the phone, (guard on a different shift) who does the job when he gets a chance then sends it back.

The guards have an electronic exhibit tracking system that should be used to track who has your phone. If you cannot contact the guard who you gave it to then go up a rank and ask for some help locating it. If still you can't get an answer then go up another rank and so on.

Yes, this was explained to me that it would have to be sent to a technician who was apparently on duty the same day I gave in my phone. I am not at all surprised that I have yet to receive my phone, I had a feeling that it could take a day or two to be done.

However, I am worried due to the fact that I was put under the impression that I would be delivered it later that night or the next day, and also add in the fact I have yet to receive a reply from the text I sent the Garda.

Who would I go to in relation to a higher rank than a detective?

Also, as I voluntarily handed over my phone and the evidence which they are seeking is no longer on it due to the fact I cleared my phone some months ago as I had to reset it and also have a new number... can I request that my phone be given back to me, or can they refuse to give it back?

I am in need of my phone and cannot be without it for too long.

ohnonotgmail

JDKB17 wrote: »

Yes, this was explained to me that it would have to be sent to a technician who was apparently on duty the same day I gave in my phone. I am not at all surprised that I have yet to receive my phone, I had a feeling that it could take a day or two to be done.

However, I am worried due to the fact that I was put under the impression that I would be delivered it later that night or the next day, and also add in the fact I have yet to receive a reply from the text I sent the Garda.

Who would I go to in relation to a higher rank than a detective?

Also, as I voluntarily handed over my phone and the evidence which they are seeking is no longer on it due to the fact I cleared my phone some months ago as I had to reset it and also have a new number... can I request that my phone be given back to me, or can they refuse to give it back?

I am in need of my phone and cannot be without it for too long.

wait, you handed over your phone so that the gardai can take evidence from it but you had already wiped the evidence? Did you tell the guard this?

JDKB17

ohnonotgmail wrote: »

wait, you handed over your phone so that the gardai can take evidence from it but you had already wiped the evidence? Did you tell the guard this?

Yes, I explained everything to them, they told me that their technician could retrieve information on the deleted texts from my phone if I handed it over to them.

They made me feel as though my statement and the evidence which I had given them would not stand up in court without extracting data from my mobile, they also suggested that my statement was contradictory to the evidence I gave them (I disagree). At the time I was not thinking straight as I was going over the pros and cons of giving them my phone and felt pressured into doing so.

Was I naive in doing so?

Fred Swanson

This post has been deleted.

unattendedbag

JDKB17 wrote: »

Yes, I explained everything to them, they told me that their technician could retrieve information on the deleted texts from my phone if I handed it over to them.

They made me feel as though my statement and the evidence which I had given them would not stand up in court without extracting data from my mobile, they also suggested that my statement was contradictory to the evidence I gave them (I disagree). At the time I was not thinking straight as I was going over the pros and cons of giving them my phone and felt pressured into doing so.

Was I naive in doing so?

Whilst it is possible to recover deleted data from a phone it may be beyond the ability of the local technician as its a complicated job. They might have had to send your phone to the computer crime investigation unit which could mean months or years before you see it again. I'm not trying to alarm you, I'm just speculating. A detective is still a guard and has a sergeant as supervisor. Try making a few enquiries before the guard/detective is on his days off.

They weren't trying to trick you. Screen shots are very easily forged and photo shopped and most likely wouldn't be admissable in court on their own. Downloading the raw messages from the device would prove they are real.

SYLT

I've read cases where it has taken 3-4 years for the phone to be examined properly.

L1011

JDKB17 wrote: »

Yes, I explained everything to them, they told me that their technician could retrieve information on the deleted texts from my phone if I handed it over to them.

Buy a new phone.

By the time you get the one you handed in for data recovery back, the one you bought will be obsolete and you will have replaced it.