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Cedric, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 2899
Experience:  Several Years of Criminal Defense Trials in L.A. and O.C. as public defender and private attorney
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I was charged with a HS 11360(A) in the state of California

Resolved Question:

I was charged with a HS 11360(A) in the state of California and while I was being arrested the police office looked through my cell phone and said he is going to retain it for evidence. I want to know is this legal? and if so how do I go about getting it back?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Cedric replied 7 years ago.
Yes, it is legal for him to seize the cell phone, since it can potentially be used as evidence that you possessed the marijuana for sale. You can potentially get it back after the case is over, but it may take some time.

The good news is that as a former Orange County Public Defender, I can attest that they are pretty good on the whole, so you'll be in good hands.

You potentially could have a good suppression motion (for violating your fourth amendment search and seizure rights), which in addition to getting your charge dismissed, could also get you your cell phone back much earlier.
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