Legal Question in Criminal Law in Virginia

My son was arrested for class 6 felony (vandalism). The arresting officer took his cell phone, keys, and wallet. Upon release from jail, his items were not at the jail and he was told that he had to pick his things up from the sheriff's office. His wallet and keys were returned but his cellphone was not. Another phone call the following day revealed that they were holding his phone as evidence until they could get a warrant to search it. Can they use any information they find NOT related to the charge they arrested his for? Will they have to make him aware of the warrant? Can they just hold it until they get a warrant?


Asked on 9/06/17, 10:21 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, the Sheriff's office can hold this phone until they obtain a warrant (within a reasonable timeframe) to search it which will be up to a judge who must review their application and approve it for one to

issue.(The applicants for this warrant will need to specify the particular items they intend to search for which

must be related to the alleged crime(s) with which your son has been charged.)

Office Tel. (703) 838-5577

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Answered on 9/13/17, 10:40 am


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