Search and Seizure of Cellphone and Camera in My House Without Search Warrant

[NCC2014]

My question involves criminal law for the state of: California


I recently had a house fire and the police believed it to be a BHO operation so they searched my house and took most of what I own. (I don't know how much it matters but I own a collective and have my script and DPH card) They did not have a search warrant only my permission to search the house (the other option being the arrest my roomates and me on the spot), which I gave while to the detective while being questioned in the hospital on 10mg morphine. They took my cellphone and went through it on the spot as well as confiscated it. They did the same with my camera and laptop. The DA has not filed my case yet. With the recent change in law can I go to the police department and get my phone and camera and other devices back?

[free9man]

At this point, they may have already secured search warrants for the items. Even if they didn't, they are likely to argue it is evidence in an ongoing investigation.

[Mr. Knowitall]

You can talk to your lawyer about the potential for suppressing evidence discovered from your phone, and possibly from your computer, under the recent Supreme Court ruling. The prosecutor may counter with "inevitable discovery", but what happens will depend on the full facts. In any event, if you were running a butane hash oil operation, and that's what caused the fire, I doubt that they'll need the evidence from your phone and computer to establish what you were doing.

[cdwjava]

Of course, they had your consent, apparently, so it might be tough to argue an unlawful search. But, run it past your attorney and see what he has to say.

You can revoke your consent and make them get search warrants, however. But, that doesn't mean they will have to give the stuff back in the meantime.