[calcowgirl]

The cell phone was not the drug "smuggler's" phone.

The report didn't say that. It just talked of a cell phone left in the van, not whose it was.

[CharlesWayneCT]

I guess it's an interpretation of the phrase "there was a cell phone in the van". I took that to mean "when davilas got into the van". Just as he would say there was drugs in the van.

I would expect that if it was his cell phone, he would have said "I left my cell phone in the van".