Legal Question in Criminal Law in California

Cell Phone Kept as Stalking Evidence

My friend's friend turned into a stalker after she got a new boyfriend. When Stalker was a friend he was nice, then he'd get mean so she stayed away from him 'til he apologized. He always sent her a lot of txt msgs. When mad, he sent hundreds daily even after she said to stop. She changed her number. He looked for her at her friend's houses. He began sending txts msgs to me. I told him to stop, then I shut off my phone until morning when I rec'vd all his txts he sent during the night. His last text said ''Don't say nothing, at 3am'' he was going to ''lob 3 seal controls'' under her van (he thought she'd be in it w/bf), then ''go home and take a lethal dose of pills''. I read it too late, but called my friend to tell her. Before I could, she said the cops were at her house, they arrested Stalker after checking out his car-it looked suspicious parked in the middle of the street blacked out-they searched it & found 3 sticks of explosives. I took my phone to the station to show his txt msg. They decided to go for attempted murder after seeing his txt. They kept my new cell phone for evidence since his is in his car at tow yard. Wouldn't his phone be better to use as evidence? Q . How can I get my phone back, like, now?


Asked on 1/15/09, 11:38 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cell Phone Kept as Stalking Evidence

His phone might indeed be better evidence, but yours is important too. Given the magnitude of this case, the authorities will want all the evidence they can get.

You probably won't be able to get your phone back for a long time -- perhaps years (if the case eventually goes up on appeal). The prosecutor may be willing to help you explain the situation to your service provider to help you get a replacement phone.

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Answered on 1/15/09, 3:37 pm


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