they found a pipe but it was brand new so in reality it is a glass oil burner
Was your cellphone described in the search warrant? If not, hire a lawyer and move for return of the property. If the search warrant was issued without probable cause, you might have a good lawsuit, but it is too early to tell. PC or not, police cannot unreasonably execute a search warrant, but making a case out of it is hard to do.
Regardless of whether its in the warrant, consider that the police have looked (they have a right to under the law in California) at every phone number, every text message, every voice message and every email.
People v. Nottoli 199 Cal.App.4th 531 (2011) The Nottoli court than goes into an analysis of search and seizure law, starting with Chimel, then Belton, then Thornton, and Arizona v. Gant (2009) 129 S.Ct. 1710, and ends with the following understanding: that vehicles and their compartments can be searched incident to an arrest (even if the arrestee is already in custody) when “it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.” Id. at 1714.
People v. Diaz (2011), 165 Cal. App. 4th 732, cell phone is searched 90 minutes after arrest.
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.
You will have to deal with the place being left a mess, regardless of what was and was not found.
Warrant lets cops tae what ever is or may be evidence of criminal activity. A clean glass bowl in the dishwasher is probably not reasonbly related to an allegation of check forgery.
You need to consult with an attorney.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
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