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

Asked over 1 year ago - 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

Additional information

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)

  1. John M. Kaman


    Contributor Level 20


    Lawyers agree

    Answered . 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.

  2. Joshua Kaizuka

    Contributor Level 16


    Lawyer agrees

    Answered . 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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