Q: whats a reasonable time frame to return a cellphone that was taken as evidence in california pending d.a investigation.
i was arrested under probable cause for felony stalking. phone was taken as evidence, didnt receive a receipt for it. wasnt on me during arrest. officer went to house and asked someone that lived there to hand it him while i was being arrested. released at court date 4 days after being arrested. No charges pending d.a investigation. phone wasnt recieved by evidence unit until 6 days after arrest. d.a wanted 2 weeks to investigate waited and went now they requested over 45 more days to investigate. never consented to a search. how long does it take to get a warrant to search a cellphone any way of them returning phone pending investigation? i have no case # not even official minutes for my court dates someone just wrote the date time and courtroom # on post it note handed to me in court. am i required to even go? no evidence to constitute felony stalking, probable cause was falsely taken way out of context do i have legal recourse?
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A:
Under California law, the timeframe for returning property taken as evidence, such as a cellphone, can vary depending on the specifics of the investigation. In your case, where the District Attorney (D.A.) is involved, it's not uncommon for investigations to take several weeks or even months. This is especially true if the phone is considered crucial evidence.
Regarding the warrant for searching your cellphone, law enforcement generally needs to obtain a warrant to conduct a search unless there are specific exceptions, such as exigent circumstances or consent. The process of obtaining a warrant can be relatively quick, often within days, but the actual analysis of the phone's content might take longer.
As for your court appearances, it is crucial to attend all scheduled hearings. The post-it note with the date, time, and courtroom number serves as your notification. Failure to appear can result in additional legal complications.
If you believe that the probable cause for your arrest was misrepresented or that your rights were violated, you have the option to seek legal counsel. An attorney can help evaluate the specifics of your case, including the process of evidence collection and the prospects for legal recourse. Remember, each case is unique, and legal advice should be tailored to the specific circumstances of your situation.
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