can the DA keep my phones and demand the passwords AFTER my case is settled and done? they got no evidence off of them

Question

2 of my phones were seized during a search warrant for my vehicle when it was towed after my arrest 
they were NOT specifically named in the search warrant for my car 
They got warrants to extract essentially all of the data& found NO EVIDENCE. 
in February, my attorney told me the DA AGREED to return my devices to me "as soon as i plead out, or the case was over for me, whichever came first." & that id be able to pick them up almost "immediately" after doing so 
i plead guilty in March  & my lawyer filed a motion for my property to be returned, but now the DA is demanding the PINS to unlock both phones & will NOT return them to me without going through them himself. i was also told that if i agreed&they went through my phones, they could charge me with things that are 100% unrelated to my now finished case 
 
is the DA even allowed to do this? and what can i do to get my property back? 
(the ONLY reason i took the deal, was because i was mislead to believe my phones would be returned)

James L. Arrasmith · Answer

This is a complex situation and there are a few important legal considerations at play. 
 
In general, once a criminal case is resolved through a guilty plea or trial, any property seized as potential evidence should be returned to the owner if it is not contraband and not subject to asset forfeiture. The fact that your phones were not specifically listed in the original search warrant for your vehicle does raise questions about whether seizing them was proper in the first place. 
 
However, the DA demanding your phone passwords after the case conclusion is very concerning. You have a 5th Amendment right against self-incrimination, which arguably extends to being compelled to provide passwords. And the prospect of them searching for new potential charges unrelated to the original case is troubling.  
 
At this stage, your attorney should strenuously object to this password demand and failure to return your property. They can file a motion challenging this and demanding the phones' return. If the DA obtained a new search warrant for the phones that was approved by a judge, that might give them grounds to compel the passwords - but absent that, their actions seem improper. 
 
Your attorney should also look into whether your plea deal included any written terms about the return of your property. If the DA is reneging on promises made during plea negotiations, that could potentially be grounds to challenge the plea itself. 
 
This is a complex situation implicating several areas of criminal/constitutional law. The best path forward is to have your criminal defense lawyer promptly and aggressively challenge the DA's actions here through available legal mechanisms. If you feel your current lawyer is not fighting hard enough for you on this, consulting with another experienced criminal defense attorney for a second opinion may be wise. 
 
The core issue is that your 5th Amendment and property rights should protect you from the type of post-conviction password compulsion and fishing expedition the DA is engaging in here. Wishing you the best in fighting this and getting your belongings returned.

Q: can the DA keep my phones and demand the passwords AFTER my case is settled and done? they got no evidence off of them