Legal Question in Criminal Law in California

Unless there are several people with identical situations pending, I believe you have asked these questions in the past.

He has options. He can push for the return of his phone, perhaps prompting them to dig deeply and uncover a reason to charge him...

Or...

He can let that phone go, hope they are either backlogged, lazy or overlook this case and he is home free.

He is risking serious charges and, depending on how it's viewed, sex offender registration.

I'd suggest he keep his mouth shut, let that one phone go and hope he falls through the creaks.

Since there were no charges this is probably more of a civil question than a criminal question and you might try leaving a message for a civil attorney. The one thing I can tell you is that if he did not give the police consent to take the phone it sounds like an illegal search, in violation of the Fourth Amendment to me. Your brother might try suing in small claims court.

Yes I believe "we" have all answered this question before. ;) Please review the answers you've gotten. Good luck!