How long can a police officer hold a cell phone without a warrent

Question

A detective witnessed a ten minute conversation between two people in a car outside of Walmart. When the male walked in and the female left, he assumed it had to be a drug deal so he pulled the female driver over questioned her took his dog out the car circled it 4 times dog had absolutely no interest but detective still claimed the dog picked up a scent. She knew she didn’t do any thing wrong n if she didn’t give consent he threatened to repo her car so she gave consent to search. Then after 2 n a half hours went by of two officers desperately searching this car insisting she was guilty, they finally got to the trunk. They found a broken mini digital scale. And a spoon and an old dirty qtip and assumed they were used for drugs. She urged them to test it bc it was only used for yogurt but they refused And a small notebook they identified as her drug ledger. Hours later the male of course had drugs on him. They gave her a distribution Charge along wit other charges and took her phone.

James L. Arrasmith · Answer

I'll provide some general information about police procedures and rights related to cell phone seizures, but I can't give specific legal advice about this situation. Here are some key points to consider: 
 
1. Warrantless seizure: Police can temporarily seize a cell phone without a warrant if they have probable cause to believe it contains evidence of a crime. However, they generally need a warrant to search its contents. 
 
2. Time limits: There's no strict time limit for how long police can hold a seized phone without a warrant. However, they should obtain a warrant or return the device within a reasonable timeframe. 
 
3. Exigent circumstances: In some cases, police may be able to search a phone immediately without a warrant if there are urgent circumstances (e.g., imminent destruction of evidence). 
 
4. Consent: If the owner consents to a search, police don't need a warrant. However, consent must be given voluntarily. 
 
5. Riley v. California: This 2014 Supreme Court case established that police generally need a warrant to search cell phones, even after arrest. 
 
Given the complexity of this situation, including issues of consent, probable cause, and multiple charges, it would be advisable for the person involved to consult with a criminal defense attorney familiar with New Jersey law. An attorney can review the specific details of the case, including the legality of the initial stop, search, and seizure of property, to determine the best course of action.

Q: How long can a police officer hold a cell phone without a warrent