Legal Question in Criminal Law in California

I know you've posted a similar question in other online forums.

Yes, he should be worried. Depending on what EXACTLY they find on his phone, he could be looking at misdemeanor charges.... up to felony child exploitation charges if he took photos of minors.

Does he really want to push this and try to get that phone back? Contacting the police can only prompt them to make sure and look through his phone thoroughly. It may be better to chalk this one up to experience and go replace the phone. He can get a new phone, but he can't un-arrerst himself.

If the worst thing your brother did was take pictures of things that are out in the open, I don't see a problem. The police may be investigating him for something else though. An attorney on the case sooner than later may help and can also file documents for return of property, although the property may not be able to be released yet, if it is still the subject of an active investigation. Good luck!

Worry for at least a year, the statute of limitations on misdemeanors. Felonies are a longer period, at least three year statute.

He seeks return by writing a request to the police, and following up on a denial with a a court motion.

A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

If serious about hiring counsel to help in this, feel free to contact me.