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How long can the police keep my sons cell phone for evidence?

Fremont, CA |

There was a robbery that occurred the night my son and his friends decided to trespass school property at night. they are being accused of being the robbers, however, security camera have proven that they were not involved in the crime. An officer got a search warrant for my son's cell phone and it has been 3 weeks since the withdrawal of the cell phone. He is 17 years old and I was never informed of the search warrant until my son got home from school.

Attorney Answers 4


  1. The police can keep it until the case is over.


  2. The police can effectively keep it until the Court orders its return. The Court won't do that iuntil asked and until the conclusion of the case. expiration of the statute of limitations period or unless law enforcement (thru the D.A) represents in response to a motion that it does not intend to file charges and does not oppose returning the phone.

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  3. It's evidence in an alleged crime, they'll keep it until the case reaches full resolution. If at that point they continue holding it (which they often do), an attorney can file a motion to have the property returned. Good luck.


  4. Years. Decades.

    My best advice for people is to buy a cheap phone with virtually no memory. Get them by the dozen. Use them disposably.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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