Good Kids Resisting Arrest

[heidegger]

My question involves criminal law for the state of: Texas

My son and a friend were throwing a frizzbe on their college campus. It went over a fence on a construction site there. They reached in to get it, a cop pulled up. They started running (on foot) away, the cop turned on his lights and they stopped running. He arrested them for evading arrest and they spent the night in jail. The campus cop took my son's keys and cell phone away. Today he got his keys back but they can't seem to find his $650 cell phone.

First, was this an appropriate arrest given that they stopped running when he ordered them to stop?
(§ 38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.)

Second, what responsibility / liability does the officer / department have for the safe keeping and prompt return of the cell phone? Surely they can't just take valuable property and have it "disappear".

I'm planning to hire a lawyer after the memorial day weekend but would appreciate some advice in the mean while. Thanks!

[cyjeff]

There is much more to this story.

No one would run from a cop while retrieving a frisbee.

I suspect that there was some running after the officer identified themselves. I would also suspect that they were much farther into the site than a simple toy retrieval would require.

They must return the phone. Ask again.

[heidegger]

So my son goes to the police department Tuesday morning when they are back from the holiday and asks for his keys and phone. At first they say they didn't take anything from him. Later they find the keys and return them to him. They said they would review the video to see if there was a phone involved.
The cell provider has a record of him using the phone minutes before the arrest. I hope they just made an honest mistake but even giving them the benefit of doubt this is sloppy work on their part.

They haven't filed a report yet nor has he been charged. I think all they have is some kids acting suspicious but stopping when requested - as I read it, in Texas no law was broken.

Any ideas?