Legal Question in Criminal Law in California

Hey their everybody I had a question about the right to take away my phone. Well i'm on formal probation which does not include any gang terms at all and i had gotten pulled out of a cofffee shop which is in garden grove california, and the cops search me and my car but decided to search my phone but it was locked, so they asked me to open it but i decided not to so they took me to the police station and i was detained for about 5 hours until i was released, I want to get my phone back because i believe they do not have the right to take it away because really in fact the phone is not mine it belongs to my parents who bought the phone with their money and is paying for it under their name? what should i do? Somebody please help!

Thank you!

Kev


Asked on 8/06/12, 3:47 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Is it legal to take your phone�?

You�ll get the answer to that from the judge at the conclusion of an evidence return and/or evidence suppression motion if you have to file one to get back the phone. First file a written request to the police for return.

It sounds like someone committed �contempt of cop� with their attitude to cause this, since it is not normal to seize property.

If serious about hiring counsel to help in any potential criminal charges, or to seek return of the property, feel free to contact me.

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Answered on 8/06/12, 4:22 pm


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