Officer took my phone.

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Officer took my phone.

My car was stolen last night and involved in a hit and run accident. At the time
i was at home sleeping around 1am. the officer came in the house and asked
questions with me and my family and told me to open my phone and show him my
texts and calls and told him its my personal information and his not allowed to
do so. He took my phone as evidence and told me they would get into my phone and
find out all my information. Is this even legal? How would i fight this and get
my phone back? I run a business have a list of clients that depend on me.

Asked on May 29, 2016 under Criminal Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Officers can seize evidence and can go into phones, but only if they have a warrant or probable cause with exigent circumstances.  It doesn't sound like they had either of these based on the facts that you described. 
You need to get an attorney and file a motion for the phone to be returned to you. To do so, you'll need to hire a criminal atttorney.  They may be able to secure the return of the phone with a couple of calls to the chief, especially considering their maltreatment of a victim of a theft crime.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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