Gardai taking mobile phone

luckyman

Registered User
Messages
17
a close relitive of mine was recently arrested where she was detained for questioning and interview then released later without charge however she told me they kept her mobile telephone too be sent off for examination ie. too go through the call history and text message history, can they do this now? i was shocked at it too be honest and only ever heard of it during murder cases and this was a minor offence. also what rights do they have aswel when they go through it as she's claimed her whole family use the phone kids mainly when required so even if they see anything which they might want too talk too her about can they hold her responsible without proof it actually was her on the telephone
 
What's your definition of a "minor offence"?

I consider a small breach of a speed limit a "minor offence". I don't consider something where the suspect is arrested and detained for questioning a "minor offence".
 
As far as I am aware if a person is "detained for the purpose of questioning" the offence must carry up to or above a 5 year jail term. This would suggest that it is not a minor offence.
 
Depending on the type of offense she was arrested for and subsequently detained and all the facts surrounding it they would have a right to take the phone if it will help in the investigation.