The police can retain suspects’ personal belongings for “as long as necessary” if related to an investigation and seized lawfully, criminal lawyer Stefano Filletti said yesterday.
Dr Filletti, who lectures at the University on police powers, personal liberty and privacy, did not wish to comment directly on the case of Norman Vella.
Mr Vella, an immigration officer and former TV presenter, is insisting he was questioned under arrest at the airport, where he works, on Sunday for allegedly taking photos of two government communications coordinators in a restricted area.
He has filed a court application requesting that his mobile phone and tablet, confiscated by the police, be returned.
Dr Filletti pointed out that if a suspect was under arrest then the police were legally entitled to search him.
“No consent for the search is required by law and items can be seized upon arrest, provided they are related to the course of the investigation,” Dr Filletti said.
No consent for the search is required by law
He pointed out that no timeframe for the release of seized items was stipulated at law. “The underlying principle is that they are held no longer than necessary. But there is no hard and fast rule because every case is particular.”
If the matter proceeds to prosecution, then the evidence is produced in court and then retained under judicial authority, rather than by the police, until the court orders it to be released or destroyed.
Dr Filletti said the police would have legal grounds to retain confiscated items if a suspect “voluntarily” handed them over while not under arrest, provided that the items were retained to help the course of an investigation.
“By voluntarily, I mean that the police request something from you and you acquiesce,” Dr Filletti explained. A third way in which the police could hold on to confiscated items would be if these were seized by virtue of a warrant from a magistrate as potential evidence in a criminal investigation.
The police yesterday did not respond to an e-mail seeking clarification on whether or not Mr Vella was questioned under arrest. They have also not clarified what possible law he could have broken if he had taken a photo.
Prime Minister Joseph Muscat has denied Mr Vella was arrested, saying the former TV presenter was questioned as part of an investigation.
A court will today consider Mr Vella’s application demanding the return of his tablet and phone.