Portola, CA asked in Criminal Law and Civil Rights for California

Q: Does the DA have to present me or my lawyer a search warrent for my phone?

I was arrested for concealed weapon and a baton flashlight. And they also took my phone and said they where getting a search warrent. I have not been presented one or a case number for the phone. And I have asked for both. It's been a month now. And still nothing.

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3 Lawyer Answers

A: You should be asking your lawyer this question, since s/he would be in the best position to give you appropriate advice.

A: more info is needed.

if arrested you have an arraignment date and you either hire a local criminal lawyer or a public defender will be appointed for you.

s/he is the person that will have all the info to best advise you.

A: Yes. They can seize a phone in one's possession upon arrest, but must obtain a warrant to search its contents lawfully.

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