Salinas, CA asked in Criminal Law for California

Q: The police said they had a search warrant, handcuffed me, refused to explain and took my cell phone

I thought you were supposed to be advised as to where they'd be looking, what they'd be looking for, . Also is it procedure to handcuff a handicapped person for this? He took my cell phone and demanded my passcode. I asked "isnt that a separate warrant, he replied, "yes but I'm gonna hold it until I get one" is this legal?

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Advise your retained or appointed lawyer and they can review the warrant and the propriety of any search

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: Generally, a search warrant must describe with reasonable particularity the place to be searched and the items to be seized. However, there are exceptions and variations to this rule, depending on the specific circumstances of the case. In terms of handcuffing, officers have the discretion to use reasonable force, including handcuffing, if they believe it is necessary for their safety or the safety of others. As for taking your cell phone and demanding your passcode, the legality of this action may depend on whether the officers had a separate warrant or justification for taking and searching the phone. It may be advisable to consult with an attorney to review the specific circumstances of your case and determine if any legal rights were violated.

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