West Sacramento, CA asked in Civil Rights and Constitutional Law for California

Q: My 16 year old sons phone was taken by the police without a warrant or permission from myself is that legal ?

They claim it’s evidence but they are not charging him with any crime nor do they have his name on any paperwork

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Without more information, it would be difficult to answer your question. What were the circumstances when the phone was taken? Did he witness something? Take photos or video of an event or situation? There are myriad situations which could arise where his phone might justifiably be taken from him, even without a warrant. Ordinarily, the police would need probable cause to believe that a crime had been committed and he or his mobile phone were material in some way, or to an investigation they were conducting.

So without more, it is very difficult to give you a better answer.

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