Mounted search and rescue

["IRVIN LICHTENSTEIN" <ilichten1@verizon.net>]

Actually the only people who can seize your phone is the prosecution and only until the evidence (the images or voice recordings) can be transferred. In any event you go to the cell phone store, deactivate your phone and get a new one, sending the bill for the deductible to the who ever used a search warrant for it.  Your phone contains the evidence and depending on the jurisdiction the prosecution may ask for a search warrant and the defense may subpoena it and you to testify as to what, when, where, the evidence was obtained.  It is unlikely if your pictures are transmitted to the command post as described in the SOG and entered into the evidence files or job notes directly, without Photo-Shopping, that the device will be seized.  The reason cops collect cell phones at crime scenes is to collect any possible evidence (call logs as well) of the wrong doer or their own actions since few carry download cables with them.  If the matter goes to trial the defense gets all the stuff through discovery motions

and that is usually a certified copy, not the original.  There is no defense counsel until somebody is charged with a crime or a civil complaint filed.  Your initial contact will be with the search manager followed by crime scene and evidence recovery personnel who are the same side you are.

 

Irv Lichtenstein

SE PA SAR

 

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From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Bob Foster
Sent: Tuesday, January 31, 2012 12:49 AM
To: Mounted search and rescue
Subject: Re: [MSAR] Pictures

 

Be careful of using your personal cell phone to take any pictures of a possible crime scene or pictures that may be considered evidence.  Your camera can be seized by opposing council.  If this happens it may be months before you get your cell phone back.

On Sat, Jan 28, 2012 at 9:15 AM, IRVIN LICHTENSTEIN <ilichten1@verizon.net> wrote:

This is the version from SEPASAR SOG—same date only one or two words are different:

SE-003-080725 Use of Cell Phones, Cameras, and Similar Devices