Summary
Police in California can seize cellphones if they believe it contains evidence of a crime or have a warrant. They generally need a warrant to access the data. Police can retain evidence if it is pivotal to an ongoing investigation. They can obtain a court order by demonstrating probable cause, showing relevance to the investigation, and providing sufficient evidence. You may not be notified if a search warrant is granted. The strength of the evidence, such as video footage, can influence the judges decision. Consult a local attorney for personalized advice.Full Conversation
San Joaquin county of California
In California, police can seize cellphones under certain circumstances, such as:
- If they believe it contains evidence of a crime.
- If they have a warrant.
However, they generally need a warrant to access the data on the phone. You should consult a local attorney for advice on your specific situation.
I called they police department and they told me I can’t have my phone back until they have a suspect
In California, police can retain evidence, including cellphones, if it is pivotal to an ongoing investigation. However, they usually need a court order to access the data. For further assistance, consider contacting a local legal aid service.
What are some ways they would be able to get the court order?
In California, police can obtain a court order by:
- Demonstrating probable cause to a judge.
- Showing that the phone data is relevant to their investigation.
- Providing sufficient evidence that the phone is involved in the alleged crime.
And how would I know if the judge approved the search warrant or if the judge didn’t approve the warrant. And based on the footage of my vehicle seen involved in crime what are the chances the judge approving the warrant?
In California, you may not be notified if a search warrant has been granted. The chances of a judge approving the warrant can depend on several factors, including the strength of the evidence presented. For more accurate information, please consult with a local attorney.
Is the video enough strength of evidence?
A video can be a strong piece of evidence if it's clear and directly related to the crime. However, the decision to grant a warrant is at the discretion of the judge, based on all the evidence presented.