Q: October 2, police confiscated phone and have yet to get warrant as of today 10/22. Is there a way to get phone returned?
A: It depends. Were you arrested? Were you charged? What was the probable cause for seizing your cell phone? Have the police applied for a search warrant for your cell phone? If the police can articulate a basis to believe that the phone contains evidence of a crime, or evidence that will help prove your involvement in a crime, then they will retain the phone until they have extracted all evidence they can find that is usable, or until a judge denies their request for a search warrant. They may return it at that point, or they may keep it for evidence until the case is over. What you do not do is start making calls to the police yourself. You hire a lawyer to interact with the police for you, and your lawyer will get your phone back if that is possible.
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