When a judge approves a police request to destroy seized property because the owners of the objects haven’t made a claim for their return within 90 days, the judge doesn’t want to find out later that some of the property was needed in an upcoming trial.
But that situation occurred in the case of Omar Kyhan Miller of Norcross. A Gwinnett County police officer had confiscated Miller’s cell phone during a 2007 traffic stop after the officer realized Miller was also wanted on charges of robbery and battery. But several police miscues led to Miller’s phone being destroyed, even though Miller and his attorney needed the phone to help build Miller’s defense.
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