Legal Question in Criminal Law in California
Police officers arrested me to question me about a crime and they took my cell phone. They gave me a form that listed my cell phone as an item that was taken by the police during the search, but on the form they marked that my cell phone was only photographed and not seized. Must they give me my cell phone back without me having to file a motion and Is any evidence on my cell phone Not usable by the police because
The form did say they seized my cell phone?
1 Answer from Attorneys
"MUST. they give it back" if you ask?
No.
They COULD give It back if you request it directly, but if they don't, then you will have to pursue legal means through the court.
If they search your phone and find any incriminating evidence on which to file criminal charges, it can and will be used in court, unless your attorney then can seek to 'suppress the use of evidence' for good 'legal cause'. Whatever may be available. .
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