Legal Question in Criminal Law in California

My brother was detained and released at a mall 5 weeks ago and police were called and he was questioned and released , but they kept his cell phone to investigate more pictures , there were no illegal pictures taken, all in public places . just pictures of womens legs.
Can police just take camera like that without court order and now what happens,? Do they try to give it to DA to make a decision if there is anything to arrest on.
How long can they keep the phone and what can possibly happen to him with no record , they al;so checked his car, were these police just acting above what they are supposed to?

Asked on 9/06/12, 8:30 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

0 users found helpful

0 attorneys agreed

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.

Answered on 9/06/12, 10:48 pm

Mark as helpful

Zadik Shapiro Law Offices of C. Zadik Shapiro

0 users found helpful

0 attorneys agreed

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.

Answered on 9/06/12, 10:51 pm

Mark as helpful