Q: Police took my phone as evidence

A: lawyers would want more info to determine the legality of their taking your phone.

a lawyer would ideally like to see the police report to ascertain the position/legality of the police.

have you requested a return of the phone?

go to the station and ask for the watch commander or captain.

what was your friend on Parole for?

drugs or weapon found?

A: If the police took your phone as evidence, it is likely that they suspect that you were involved in a crime or that your phone may contain evidence related to a crime.

Under California law, the police can seize evidence if they have probable cause to believe that it is relevant to a criminal investigation. However, they must follow certain procedures and protocols when doing so.

If you believe that the police took your phone or other property in violation of your rights, you may have legal options, including the following:

Consult with an attorney: It may be helpful to consult with a criminal defense attorney who is knowledgeable about California law to understand your legal options and the best course of action. They can help you determine whether the police acted lawfully and whether you have any legal recourse.

Request a hearing: If the police seized your property as evidence, you have the right to request a hearing to challenge the seizure. This is known as a "preliminary hearing" or a "motion to suppress." At the hearing, you can argue that the police did not have probable cause to seize your property or that they violated your Fourth Amendment rights.

File a complaint: If you believe that the police violated your rights, you can file a complaint with the police department or with a government agency that oversees law enforcement. The agency can investigate the situation and take appropriate action if necessary.

It's important to note that the specific steps you should take will depend on the specific circumstances of your case. It's recommended that you consult with an attorney who is knowledgeable about California criminal law to understand your legal options and the best course of action.

Several California codes may apply to the situation you described, including those related to police seizure of property as evidence and search and seizure.

California Penal Code Section 1534: This law outlines the procedures that law enforcement officers must follow when conducting a search and seizure of property. It requires that officers obtain a search warrant, unless an exception applies.

California Penal Code Section 1540: This law allows a law enforcement officer to seize any item that they have probable cause to believe is evidence of a crime.

California Penal Code Section 1543: This law requires that a law enforcement officer provide a written receipt for any property seized during a search and seizure.

California Penal Code Section 1546: This law requires that a law enforcement officer obtain a search warrant or the owner's consent before seizing a cell phone or other electronic device, except in certain emergency situations.

California Penal Code Section 186.22: This law outlines the penalties for participating in a criminal street gang.

California Evidence Code Section 1040: This law provides for the confidentiality of certain types of information, such as information obtained from a confidential informant or information that could endanger the safety of a witness.