Are the records of Cell numbers allowed in Court? in Mississippi?
If you cell phone was taken by the police, can the records of the calls be allowed in Court? and Will You get your cell phone back?
Answers:
According to Mississippi law reguarding Cell phone records, They can be used in a court of Law in said State. Getting back your cell phone depends on evidents it may contain that could be critical to the case involved.
If the cell phone records are relevant to the charges and the phone was legally seized, and the records are properly subpoenaed, then the records are probably allowed to be used as evidence in court.
If the cell phone is evidence in a criminal case, it will be held until the end of trial and the end of all appeals. If the cell phone was actually used in a crime, it will probably never be returned.
Cell phone records can be subpoenaed or be subject to a search warrant.
I don't see why you should not get your cell phone back after the trial.
Edited: (13 August 2007)
Cell phone records from the telephone company are admissible under the "Business Records as Evidence Act."
Note that a lot of electronic information could be used in a trial, such as if you use Easy-Pass to pay tolls, it can establish where you were and when (by your automobile license plate).
Other kinds of electronic evidence, use of credit card and ATM card. Yes, guys, ATM machines have surveillance cameras.
If your cell phone was used in the commission of a crime, it may be subject to forfeiture. So if you were using it for an illegal purpose such as to sell drugs or run a prostitution ring, it may be gone forever.
TO ANSWER MARK H ONLY:
One reason not to return the cell phone is if it was used in the comission of a crime in which case, it will be seized.
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