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Can my phone be stolen by police without my arrest, consent, or warrant?

Gilroy, CA |

bf was arrested in his garage for arrest warrant he had no honest knowledge of. police had no search warrant. police would not let me near my phone searched my purse. my phone was taken without my knowledge let alone consent

at least 7 police officers came into garage at gun point to 3 children one of which autistic and myself.i have clean record not even ticket and pregnant. what could be a reasonable violation of privacy

Attorney Answers 2


If your bf was in his garage and the police had an arrest warrant they didn't do anything wrong. Police had a right to search persons physically close to your bf for officer safety. I don't know why they seized your phone unless maybe you were using it to interfere with the arrest. There could be a hundred reasons but we don't have enough facts to say. You should hire an attorney to get your phone back. Even if he doesn't succeed you'll know the reason it was taken.

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thank you for taking the time to answer, well I was not physically search. Also that, this house we were only visiting. it wasnt and never has been our address. My purse and phone were never in my possesion.They began to search immediately after he left not during. i was asked to step back in the living room with kids, while they searched everywhere in the garage for 10-15mins. during which, we did ask for search warrant and to leave. just to make it clear we did not give consent. when i asked and tried to get my phone because it was ringing i was told stay back that i could get it after by a police officer. There was nothing illegal in the house or garage and so nothing was found .They never told me they took my phone they just left. i've had this new phone for maybe 3 weeks now. i called the police station when it was confirmed they had it. im told ill get it back today after it is analyzed. My privacy was violated and my property taken with out my knowledge or permission.. in my eyes thats stealing. i never commited a crime and cooperated to the best of my ability. when i answered honestly he would accuse me of lying and sent me bakk to living room. Can they honestly do this with only a arrest warrant?



it just doesnt feel right


As Mr. Kaman opines, there could be a number of reasons that your purse was searched and/or phone was seized by law enforcement. The phone is not "stolen" but seized without a warrant depending on the circumstances. Do not post any more facts since it is a public forum. Talk to an attorney in your area since.

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