When the police confiscate the phone of a person in California, the first thing that person often asks is if it’s legal for them to do so. Depending on the circumstances, it can be legal to take the phone of a citizen. In fact, there are five main situations in which this can be legal:
- Your phone is found at a crime scene.
- Civil asset forfeiture which allows police to take and keep any property that they suspect is from the proceeds of a crime.
- You’re placed under arrest.
- The police get a search warrant to search your phone and / or other property. The judge will only sign a warrant if they believe a crime occurred and that it’s likely the police will find evidence of said crime in your home.
- The police have reasonable cause to believe that your phone has evidence that is about to be destroyed, or that someone’s life is in danger if they don’t get to what’s in your phone right away.
No matter why the police took your phone, there are a few steps you can follow to get it back.
Your next step after your phone is confiscated by the police
The first step is easy: Contact a criminal defense attorney who can offer you legal advice. Even if you don’t believe that you’re in danger of being prosecuted for a crime, if you want your property back then you’d be well served by a police officer who could help. In the event they are using your phone as evidence, then it’s even more important that you work with an attorney who can make sure that your rights are protected.
In the event that you are being investigated for any crime, whether drug crimes, theft crimes, violent crimes, or something unrelated, you need an attorney. You want to ensure that you don’t end up a victim of civil asset forfeiture and that your rights are respected. Contact Law Office of Michael L. Fell at (949) 585-9055 right away to get this process started.
Can you get your phone back – it depends on the circumstances
As you look at the five potential reasons your phone may be confiscated, consider that four of the five would likely lead to your phone eventually being returned. How that happens will vary and how difficult it may be will vary as well. For example, if you’re arrested and your phone is confiscated as part of your person property, then it’s likely to be returned when you make bail or are otherwise released.
However, if it’s determined to be evidence then it may take months to get it back – or you could never see it again. Obviously, you don’t want this to happen, which is why it’s so important to work with an attorney. Talk to Law Office of Michael L. Fell at (949) 585-9055 to make sure your rights are protected.