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N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9414
Experience:  attorney at self
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I was arrested last week and while I was detained the police

Customer Question

I was arrested last week and while I was detained the police used my cell phone to call people in my phone book pretending to be someone named Steve. I was not arrested on drug charges or any gang related activity. I do not know what I was arrested for? I have little to no memory of that day. I was taken to the police precinct and transferred to the Emergency Room shortly after. I had complained of severe dizziness and a sharp stabbing pain in my head and numbness in my right arm.
This took place on the 14th of June at approximately 4:00pm and I have still not been notified of any charges and the police will not tell me anything. My vehicle was impounded and they say it is being held for evidence but they will not tell me what for. Impound fees are over $1000.00 now and I still can't get anywhere with the Police Department!
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
I was admitted into the ER for a possible stroke but I was released from the hospital without any knowledge of what had happened to me. I was discharged and sent away on foot. The ER receptionist told me that she would call a cab for me but one never came. After a short time she came outside and told me that I needed to leave or she would call security. I was still very disoriented and dizzy but the receptionist said my doctor discharged me so I am fine. I walked the 8 miles home that night with very little recollection of the time it took me to walk home. I had no money on me and my cell phone battery had died. I do not remember much about the walk home other than I felt like it was a dream. I had to stop often and rest so I did not stumble into the street.
Expert:  N Cal Atty replied 2 years ago.
Thank you for your post.
Do you know if the police obtained a search warrant prior to gaining access to the phone book in your cell phone?
Expert:  N Cal Atty replied 2 years ago.
Do you know if the police obtained a search warrant prior to gaining access to the phone book in your cell phone?
Customer: replied 2 years ago.
As far as I know, they did not!
Expert:  N Cal Atty replied 2 years ago.
In that case, the search of the cell phone was absolutely illegal under RILEY v. CALIFORNIA, posted at
http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf
You have nothing to gain by speaking with the police without having an attorney present.
You can file a motion for return of property to recover your phone.
You can get a free consultation from some of the criminal defense attorneys listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/criminal-law/California
Please let me know if I have not answered your question prior to rating my answer.
I hope this information is helpful.