The police cannot take your cell phone and, without consent, read through your texts unless they have at least reasonable suspicion that a crime has been committed or is about to be committed. However, this is a new area of the law that courts are addressing for the first time. Your state may require the police to have a search warrant or probable cause to believe that a crime has been committed before searching your phone and reading your text messages. In all states, if the officer has obtained a search warrant from a court, then your text messages can be read. There are also situations where a “warrantless” search may be done – when it’s a matter of life or death, the officer’s safety is at risk and there’s no time to obtain a search warrant.
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If my phone was stolen, and the police recover it for me, can they then read through my text messages sent and received before the date the phone was stolen?
Judge Tom’s response:
That’s a great question – one that is being debated around the country. Generally, your private property can’t be searched without a search warrant or reasonable cause to believe a crime has been or is being committed. You have to look to the specific search and seizure laws and court decisions in your state.
My girlfriend was arrested with a cell phone that is in my name.She told them but they read it anyway and arrested me for conspiracy. Can they used these text against me in court?
Judge Tom’s response:
It depends on the laws that exist in your state. A lot depends on the circumstances surrounding the search. You might be able to challenge the search and what it revealed. Check with a lawyer familiar with your criminal laws and code.
I was arrested for possesion of stolen property(Which I had reseats for) while in the back seat of the police car the 8 cops past my phone and camera around looking a nude pics of my wife when i commented to one of the officers that was our personal property and I did not want them looking at the pic he laughed and said we will look at what ever we want when I got out of jail I check my verizon online account and there were text picture/slide show sent to personal phones while I was arrested when I filed a report the officer told me I shouldn’t have had them on my phone I know this is not right but is it illegal
Judge Tom’s response:
With what you describe, we think it best that you talk with a lawyer in your area. He or she can tell you what the search and seizure laws are in your state and whether the police exceeded their authority in viewing the content on your phone. This is a new and developing area of the law. You may be able to get a free 30-60 minute consultation with a criminal lawyer. Good luck.
my little brother was suspended from school because he was txting someone. my mother called me to tell me to go pick him up from school. so i get there and we (me and my little brother) get this lecture about how he shouldnt of been txting. she said “the teacher told him to turn off his phone and give it to her.” so the phone was turned off lets just get that straight. my mom went back there about a hour after i took my little brother home because the the principle wouldnt give me the phone. the principle told my mother that she read the txt messages. did the principle break the law?
Judge Tom’s response:
It depends on whether there’s a privacy law in your state. This is a new area of the law, and courts are wrestling with these issues regarding texting, IMing, etc. Some states have ruled that if there’s reasonable suspicion that a crime is or has been committed, school officials may search cell phones for criminal activity.
My phone was lost and found at a crime scene and now the police has my phone. When can I get it back?
Judge Tom’s response:
Your phone may have become an investigative piece of evidence in which case the police can hold it until the case is closed. Check with them to see if and when they’ll release it. Good luck.
hey my friends got there phones takein away because the had a vidio of a fight. they didint have a search warrent is that legal in minnesota?
Judge Tom’s response:
Dear Paul: Askthejudge.info doesn’t provide specific legal advice or comments on pending cases. We are an educational site for teens as you can see by looking at the site. We can tell you that generally if the police have probable cause to believe a crime has been commited or you have evidence of such, they may confiscate, in this case, the phone as part of an investigation. Whether they should have obtained a warrant first depends on the circumstances as applied under the laws in your state. Regards, ATJ.
I got my locker searched and they found a pipe and cigs wen the cop was talking to me he asked for my fone I gave it to him and then he started to go thru it I askedhim if he could do that he said yep then I said don’t u need a search warrnt he said nope and he has lied to me b4 with other stuff so I wanna check and bring it up in court
Judge Tom’s response:
It depends on the laws in your state and school district policy. This is a new area in search and seizure law across the country. Schools and legislatures are developing rules about these searches. Since you’re going to court already, ask your lawyer about this. He or she should know what laws apply in this case. Good luck.
I was arrested on sales and possesion charges and some of the evidance being used against me are he text messages from my cell phone. but, my cell phone was off and not on my person at the time of my arrest. but i thought they needed a search warrent for something like this.
Dear Ashley: It depends on the circumstances of the situation. A search warrant is not always required – there are exceptions to needing a warrant in order to search and seize evidence. Discuss this with your lawyer. Good luck
My husbends friend that is a pharmistes at a drug store was caught having peaple coming in to get iellegel pills without a doctors consent. At one point my husbend was one of the people. Well, last Thursday my husbend went to his friends drug store to pick up some cream for our son that was orderd for him and when he came out he was apprach by two cops. They ask him what he had in his bag and he told them just cream for my son. They took it and instede of cream it was a bottle of Vicadends. His friend set him up. My husbend was not arreasted he just had to go down to the police stachen to talk to the detictive.My husbend is on probashion for something that happiend awhile ago and if he does anything wroung hes gone for six years.Husbend and his friend would text all the time about when to come and get the pills and stuff about them, it started months ago. How far back can the cops look on his cell phone recoerds? My husbend didn’t want anything to do with this stuff thats why he told his buddy know more, he quit about two months ago. Im really affraid that something is going to happen and im gunna loose everything. Thanks.
Judge Tom’s response:
Your question is beyond the scope of this website which provides information about teen law. Your husband should talk to an attorney about these matters and whether there may be any sort of search or seizure issue. If you do not have a privately retained attorney, your husband could be appointed a public defender either for the new charges and/or the probation violation matter. Good luck.
my probation officer too my cell phone away can he do that
Dear Jason: It depends on the circumstances and the terms of your probation. If he or she had a reason to believe you were breaking the law or your probation terms, a search of your phone may be justified and legal. Good luck.
[This is information only - not legal advice].
the police took my phone cuz i had stolen goods and they said there going to look throw it i have texts on there about cannibs and videos will that come up in court
Dear Jake: What the police find on your cell phone may or may not be used in court. It depends on the search and seizure laws in your state and the circumstances surrounding the taking of your phone. Based on your email address, we assume you live in England, so the laws in your jurisdiction would apply here. Discuss this with your lawyer before going to court. Good luck.
[This is information only - not legal advice].
If the police questioned me at school before they read me my rights is all the information I gave them before they read me my rights admissabe. And on New Years they came to my house for 2 FALSE allogations, their was a social worker with them and she was the one who questioned me with 2 cops by her side, they read me no rights and made me lift up my matress without a warrant, can i possibly dissmiss all that I told the social worker?
Dear Chris: Askthejudge.info is an educational website about the laws for teens. We don’t provide legal advice or interpretation to adults or teenagers. Since your question concerns legal interpretation of English law applied to the facts of your case we are unable to respond. Under U.S. law, a person must be read their rights only when in custody. Also under America’s Miranda-rights procedure, only law enforcement is required to “Mirandize” a suspect. Miranda does not apply to teachers, principals, social workers, etc.
[This is information only - not legal advice].
Can a boss look up past personal text messages from a cell phone he pays for? He told us 5 years ago to use them as work and personal then decides to take them and see if he can look the texting up with the phone company for evidence of wrong doing and personal in store relationships?
Dear Tray: This is a developing area of the law. You’ll have to check your company’s policies, what, if anything, you signed when you started and the laws in your state. The Ohio Supreme Court ruled in December, 2009, that the police need a warrant to search someone’s cell phone unless the officer was in danger. Courts are starting to address these issues. Good luck.
[This is information only - not legal advice].
Can you turn in a police officer for breaking the law?
See, i live in a small town, where the cops get away with everything it’s rediculous. For example, there was a cop sitting in a parking lot,(without any lights on.) As far as i know a cop needs to have at least their parking lights on. could i get him on film and turn him in? what would happen?
Dear Donnie: No one is above the law, from the President on down. If you witness a crime being committed, it should be reported. As far as telling you what to do in this instance, Askthejudge does not provide legal advice to anyone, adult or teenager, only information about the law.
[This is information only - not legal advice].
My friend was raped about 7 months ago by someone she use to send joking texts to they are going to court in about a week can the messages she use to send be retrived? and or used against her to say that the rape was not a rape at all?
Dear Sarah: It is possible to retrieve text messages. In this case, the person charged with the rape may have the messages saved, and can turn them over to his lawyer to be used in his defense. The issues regarding admissibility of the messages in court are up to the judge to decide and the lawyers to argue for and against. Good luck.
[This is information only - not legal advice].
I was at a stop light the other day and texted a friend back, while the light was still red. When the light turned green, I turned and suposibly “swerved.” I was then pulled over by a police officer who asked if I’d been drinking, I hadn’t. Then asked to see my cell phone, which was next to me. The officer went through my text messages and saw that I had sent a text three minutes before I was pulled over. She wrote me a ticket for texting while driving. Did she have the right to take my phone. The cause of the swerve was obvisouly not from texting because the text was from three min. before.
Dear Amanda: Since you received a ticket, you’ll have a chance to explain what happened in court. Depending on the penalty for texting while driving in your state, you may be assigned a public defender. He or she will go over the facts and the laws that apply regarding searches. This is a developing area of the law – one state [Ohio] recently ruled that the police need a warrant to search a cell phone unless officer safety is an issue. Good luck.
[This is information only - not legal advice].
i was texting in lesson sdo my phone was confiscated during leson. fair enough. but the teacher said pick it up at the end of the day. at the end of the day he said he wants to keep it- i asked if i could take my sim card or battery out so there was no way he could access he he said no. now i left it in state so if any one accessed it i would know. i need to know- what can i say if he did?
Dear Isaac: This is a new and developing area of the law. One of the first court decisions in the country on searching student cell phones came out in December, 2009. The Ohio Supreme Court ruled that the police need a warrant before searching a cell phone, unless officer safety was an issue. In your situation, check the school’s code of conduct [should be in your student handbook] and see what policy exists regarding cell phones. Good luck.
[This is information only - not legal advice].
my girlfriend got caught with cocaine which she ask me to buy the cops told her they will trace her phone and read all her text messages this is in new york can the cops do this?
Dear Anthony: Under New York law they may be able to search the cell phone. They may need a search warrant to do so but once obtained from a court, they’ll be able to read the messages for evidence of criminal activities. Each state has its own laws about searches. Good luck.
[This is information only - not legal advice].
Hi, I live in scotland and I gt pulled over by the police who had just passed me minutes before, he said he pulled me because I didn’t look like I was comfartble with my car? Hmm… Lies! He then searched me and my car with two other policemen and then took my phone and started reading all my texts to see if I had been buying drugs? Is this legal or where they invading my privacy?
Dear Jason: You have to look to the laws of Scotland to see if what the police did was legal. We don’t provide legal advice or opinions on the acts of others – that is what the courts and judicial system is for. Try Googling “Scotland cell phone searches” for further information. Good luck.
[This is information only - not legal advice].
I don’t do this but I was just wondering about sexting? people say they send pictues of themself naked?!?! that’s crazy! Are there people that sit and read texts trying to find stuff like that
Dear Jason: The world is made up of all kinds of people. Thanks for writing.
Hello We ,me and my fiance were at a store trying new clothes on at the store. We always shop for clothes there and when we left the dressing rooms we left the clothes there and then we go to leave store and go to another for some coffee a cop comes up to our car and blows siren and says we stole and I told her say yea we did just to have them not find the weed wich they never found and we had christmas gifts in there still its only january now so whats the big deal to have clothes and other items still in the car so anyway they said I took jeans and never and then they she changed and we said yes. She changed in parking lot and those were stolen to and we said ok your rite out of spite and to keep them from finding weed.They were old but anyway they arrested us and towed the car. At the station the cop brought in my old coat he tore open for nothing and a internet phone and some clothes I had in the car.Well out of the all the clothes there the store said only two pairs were there brand but not the ones that were missing and her pair wasnt theres but the charged me with two pairs wich were mine along with other clothes wich the cop gave me back now there all new and store sales that brand hmmmm then took her jeans wich never came from there store at all and charged her with that I thought the law was here to protect you. Then he went through her purse looking for anything he could find then found flash drive cards I told him they have nothing to do with him and there were he didnt want to see what was on there none of his buisness then he said nude pics I said yes then he pluged it in and saved pics looked through all of them with the guys from the store there and other cops were looking and grinning isnt that against the law to do that?
I need some advice they never found weed witch would have been worse but I let them beleive we stole to get out of them finding it when we never and no pics or real evidence to show either way!
Dear Waku: If you have been charged with a crime, you’ll have a chance when you go to court to explain exactly what happened to your lawyer and/or the court. Your lawyer will look into the facts and police actions to see that they followed the law in searching you and your phone. If mistakes were made, he or she will protect your rights and attempt to have illegally obtained evidence excluded from the case. Good luck.
[This is information only - not legal advice].
I live in bryan texas my brother was arrested for avaiding arrest for just being at a school after school hours. The cops got him and started to search the vehicle for weapons with is stupid they just wanted to find reasons for just tresspassing. So they took my brothers phone which is mine under my name and the are keeping it and wont give it back. Can i get the phone back and possible sue the cops.Also my brother told me that they were reading his text and i went to this website and saw that the needed a warrant to look at the phone and keeping it
Dear Samuel: Whether the police can search a cell phone (look at text messages, etc.) without a warrant is a new and developing area of the law. The first state supreme court to rule on this issue came out of Ohio and said that the police cannot search a phone without a warrant unless there are concerns for the officer’s safety. However, the laws vary in every state. The police can hold onto any “evidence” until the case is over. If the cell phone is being considered evidence, then you may have to wait until your brother’s case is resolved. If you brother has an attorney, talk to him/her about wanting to get your phone back. You can also try calling either the police department or the prosecutor’s office and ask if they would return the phone to you. Good luck.
[This is information only - not legal advice.]
how can they arest you on friday then have court on monday when I cant get a public defender?
Dear Waka: Every state and county has its own rules and laws concerning first appearances in court (after an arrest has been made) and the appointment of counsel. Depending on the offense committed and whether the person charged is “indigent” (can’t afford to hire an attorney), the court will decide if a public defender will be appointed. This typically occurs during the first court appearance and not at the time of arrest. Even though a person is entitled to have their lawyer present during any questioning after an arrest has been made, if they don’t already have an attorney, they usually have to wait until their first court appearance.
[This is information only - not legal advice.]
My friend was texting a drug dealer and the dealer got arrested and the cops confiscated their phone..can my friend get in trouble for what the texts say..we live in nj
Dear John: It depends on what your friend said and even more important, what he did. If there’s evidence that he committed a crime, he may be charged. The text messages may be used as evidence against him depending on local laws and rules of evidence. Good luck.
[This is information only - not legal advice].
Recently, a search warrant was obtained, and my friends house raided on suspicion of hard drug harboring, however, upon searching they did not find anything and swat was misinformed, only finding a small marijuana grow operation within script limits. However, during the search warrant ( which did not say cell phones ) . the defendants phone was taken, in the phone, incriminating text messages are sent from other numbers to the phone seized, is that information from the other numbers obtainable and probable cause to issue a search warrant for the incoming numbers or only for the seized property and its defendant ? Basically, if you friend gets busted and his phone taken, and you have sent him incriminating messages about your activites, can it come back to you legally?
Dear Josh: The police gather pieces of the puzzle and when the picture is complete or close enough to complete to support a search warrant, they’ll act on it. In the situation you describe, they may continue to gather evidence of criminal activity that may be used in court. A lot depends on the laws and rules of court in your jurisdiction. Regarding cell phones and text messages, this is a new and developing area of the law. Good luck.
[This is information only - not legal advice].
My daughter left her cell phone at her place of employement. This is NOT an employee paid cell phone but her personal cell phone. The manager read every one of her messages (which was taped by the security camera). When she went to pick it up the manager didnt say anything but has told other workers she read all her messges. some of the text messages mention buying weed. What should she do?
Dear O F: We do not provide anyone, adult or teenager, with legal advice. Askthejudge is an information site for teens about laws. Your daughter may want to check with the owner of the company or human resources if it’s a big company regarding cell phone policies. In the future, she should think before she clicks or posts a message. Nothing is private in the digital world, regardless of privacy settings. Messages and photos can always be retrieved and sent on for worldwide viewing. All the best.
[This is information only - not legal advice].
Can a police officer that is arresting someone take away my phone for taking pictures of what was happening?
Dear Adrian: The answer to your question depends on the laws of your state, the policies of the police department and the reason your phone was seized. It’s possible that your phone was seized as “evidence” especially if you captured some act that was the reason for the arrest. You could try contacting the police department and request your phone back and/or how to go about getting it returned. You could also contact a local civil rights or criminal law attorney who would be more familiar with your state law and the policies of the local police department. Many attorneys offer a free initial consultation. Good luck.
[This is information only - not legal advice.]
i hav a question from school. If u get pulled over, is a cop allowed to take your fone and see the text messages in nyc?
Dear Mayer: Whether the police can take your cell phone and search it depends on the circumstances at the time of the incident. If there’s reasonable cause to believe a crime has been or is being committed, they may take the phone as evidence. Otherwise they may obtain a search warrant to justify seizing and searching the phone. Your local and state laws have to be looked at in this new area of the law. Good luck.
[This is information only - not legal advice].
My friend’s phone was taken up by a police officer and got onto his email from his phone and sent pictures from his email to himself is this legal?
Dear Taco: The law of search and seizure under the Fourth Amendment is developing as we speak. This new category including electronic devices is under study across the country. You have to look to your local and state laws to see what law enforcement is authorized to do regarding cell phones. Generally, if there is reasonable suspicion that a crime has been or will be committed, a search of a phone may be allowed. If a search warrant is issued, the phone may be searched and evidence seized. Whether this officer complied with the rules governing search and seizure depends on the exact circumstances of the incident. Good luck.
[This is information only - not legal advice].
During a search warrent, can the police take everyones phone? The police had a search warrent for my roommates place for possession of cocaine. A “no knock entry”. They took everyones phones. I am just a roommate. I didnt even know what was going on because I was never around. They took my phone also, but its not even in my name. I am just her roommate and my name isnt even on the lease (but the landlord knows about me) Can the police legally take my phone? Also can they stay past the search warrent time? The ending time was 12:30, but they were still at our place at 1:30.
Dear Megan: What the police may do in executing a search warrant depends on the local laws that apply and the exact language and scope of the warrant. If cell phones in the residence searched are included in the warrant as possible evidence of criminal activity, their seizure may be permissible. You also have to look to your local rules regarding the time and length of executing a warrant. Good luck.
[This is information only - not legal advice].
A police car stopped me while i was walking down the road and took my cell phone he read my messages that i had sent to my girlfriend and he was texting my girlfriend asking her her personal information acting like he was me is it legal in georgia
Dear Jessie: Because text messaging is fairly new in the sense that courts and state legislatures aren’t caught up with the legalities regarding search and seizure, there’s no easy answer to your question. Every state is wrestling with this issue. We suggest you speak with someone who knows Georgia law and policy regarding cell phone use and law enforcement authority to search one with and without a search warrant. Good luck.
[This is information only - not legal advice].
Hi my friends got busted for smoking pot in school and the police have their phones and if there are texts from me talking about smoking can i get charged?
Dear Horace: It’s not a crime to talk about using drugs. However, if your comments lead to evidence of criminal activity [buying, selling, transportation of drugs, for example] they may be used against you. You might want to choose your words wisely and method of communication. Good luck.
[This is information only - not legal advice].
So why don’t you invest some of the profits from advertising on this page to make a better site that can tell people about their specific state laws so people don’t have to take the time asking a question only for five separate answers in a row to come back saying, “It depends on your state laws.” Useless since most of the questions pertain to situations involving different state laws. Cool Idea for a website but we all know you can do better. Thank you, bye.
Dear Fara: You raise a valid point. However, at the moment we are a small, volunteer-run site with no paid advertising. As such, and considering fifty states and the District of Columbia, and the nature of ever-changing laws, it is better to refer the reader to their own local resources for the most current information. Askthejudge.info is a free site and we intend to keep it that way to reach more teens.
[This is information only - not legal advice].
Hi, me and two other friends are senior in highschool in PA. we decided to do a senior prank and write on the windows above our cafeteria and put a huge leprechaun in them for st. pattys day. We used a ladder to get on the roof, and went on with the prank. we didnt get caught, but two days after rumors went around that we did it, and even people who werent there doing it got blammed in the rumors. The police had a print out of all our texts messages when they questioned us, and basically knew we did it from reading our txts… my question is, are they allowed to do that without a warrant or parents consent?? I’m only 17 and I feel like there has to be a problem with this somewhere?? thanks
Dear Tylor: You have a good point. This is a new area of the law that’s being debated across the country. Generally, if the police have what is called reasonable suspicion that a crime has been or is being committed, they can conduct a search for evidence, including cell phones. Whether they need a search warrant or not depends on the circumstances surrounding the incident and your local laws. You and your parents may want to discuss this with a lawyer if charges are filed. Good luck.
[This is information only - not legal advice].
Hello, my friend and I were at a store and my friend grabbed a few things and put them in his pocket. As we were walking out my friend got stopped but I kept walking. No one said anything to me or tried to stop me. Shortly after I get a phone call from a police officer and he says I might get charged. As I’m going home I get pulled over and the cop makes me step out of the car. He tries to trick me into saying I stole stuff then he takes my phone without permission and reads my texts. Can he do this? I am getting charged with theft when I had nothing on me. What do I do?
Dear Spencer: If you are formally charged with theft or shoplifting, you’ll have a chance when you go to court to explain what happened. The court may also appoint you a lawyer or you can hire your own. Tell your lawyer exactly what happened and he or she will look into the phone search to see if it was legal. This is a new and developing area of the law regarding cell phone searches. Good luck.
[This is information only - not legal advice].
hey,im 15 almost 16 and the cops took my phone over a month ago for an investigation about this old guy whos 53 that would give me n my friends cigs, weed, and alcohol for free. i had naked pictures on my phone and when they came too my house they looked through my phone and saw them and kept asking me are these yours and stuff. i send the guy a naked pic when i was drunk for he could stop being all perverted to me in person. he is in jail rite now. the cops called my mom once but we missed the call and we have been calling them multiple times since and they haven’t answered or called back yet.my phone is canceled so if i got it back it wouldn’t have service and my charger for the phone is messed up and only i know how to make it charge so it would be useless at court because it would have no battery life. i was just wondering how i could get my phone back from them, i would even bring it charged to court for the case and not delete the pics i took of myself. please help, its been over a month the cops have had my phone…
Dear Victoria: As long as there is a pending or open case that is being investigated, or charges pending against someone, and the cell phone is evidence in the case, the police may hold on to the property. Only when a case is completed can evidence be released – that could be years in some cases.
[This is information only - not legal advice].
Can a police read your text messages after they pulled you over for a traffic ticket for not stopping at a red right in front of a red right? I got pulled over in front of a party that i was going to and the police officer told me that he would tow my car if i didnt let him see my phone to get the flyer from a text message in my phone to shut down tthe party….
Dear Alexander: This is a new and developing area of the law since text messaging and cell phone use is fairly recent and widespread. Generally, if the police are investigating the commission of a crime and have reason to believe that evidence may exist on the cell phone, they, depending on the circumstances, may take it and search it, with or without a warrant. Your local laws should address this and the laws regarding search and seizure also apply. A criminal lawyer would be able to give you the specifics of the law regarding this. Good luck.
[This is information only - not legal advice].
Hi, I was just wondering, I was pulled over and ticketed for supposedly using my cell phone while driving, when the trooper came to my car he was very rude and made me nervous so at first I told him I did not have a cell phone, he then walked around my car looked in threw the other window and forced me to open my center console, where low and be hold was my cell phone (I would have told him I had one had he not been so agressive when he first approached me) not only did he take my cell phone out of my possesion, he went threw it, where he then saw a phone call that had occured 3 min before he had pulled me over, he then proceeded to yell at me and call me a liar, and wrote me a two tickets, one for the cell phone use and one for drivers view obstruction. My question is… Is he allowed to go through my cell phone?
Dear Danielle: States are addresing these cell phone search and seizure issues as we speak. Generally, the laws in your state regarding searches, reasonable suspicion and the need for a warrant apply to cell phones. If the police witness a crime or have reasonable suspicion that a crime is in the process or has been committed, they may seize the phone as evidence in the case. Good luck.
[This is information only - not legal advice].
Me and my friends ran from the cops today, we ditched my backpack full of alc and my phone. One of my friends got caught and said my name. The cops found my backpack. How do i retrieve my phone & could they go through my txts? If they did go thru my txts and saw talk about drugs and such could that get me or anybody i talked to into trouble? Also, would they call my ‘home’ number in my contacts? (i’m very scared of my parents) from Twin Cities, Minnesota.
Dear Brittany: Until you said you were “scared of” your parents, we would have suggested telling them so they could speak with the police and attempt to retrieve your phone. They may find out about this incident anyway, so it’s best to be up front with them now. Depending on the circumstances, the police may be able to check your messages if they’re investigating a crime and/or have a search warrant. Good luck.
[This is information only - not legal advice].
I was stopped by two officers for riding onto the sidewalk with my bicycle, but I dismounted the bike to walk into the housing complex. While the officer held my I.D. I attempted to type the Officer’s name and badge number on my phone for my personal information when I go to court for the offense due to me not having a pen/pencil. The officer told me to put my phone away because it was against the law to do so while being pulled over by police. Is this true?
Dear Spawn: There may be a local law about communicating with others while being questioned by the police. They didn’t know what you were typing so they could have thought you were messaging someone about an illegal activity or sending a warning that the police were involved at that point in time. Bottom line, when told to do something by the police, do so – in most parts of the country, disobeying a legal command by the police is an offense. Good luck.
[This is information only - not legal advice].
i got followed by a car tring to run me and my son off the road and then finally it did i called the cops and showed them text this person had sent me about killing my family and stuff and the cop took my phone as evidence i even requested it back and said that if i didnt get my phone back right there i wasnt pressing charges the cop yelled at me and said my story was a lie and that there was loop holes in the story why would i lie if i am the victim in the case what can i do to get my phone back and what can i do about this officer yelling at me i live in holts summit missouri and this took place in montgomery city missouri
Dear Danielle: Askthejudge.info is an educational website for teens about the law. We do not provide legal advice to adults or teens. Consequently, we are unable to assist you in this situation. We suggest you speak with a criminal lawyer in your area. Good luck.
[This is information only - not legal advice].
my friend who lives in CO texted his other friend about weed every so often. Now his friend is getting his phone searched to see if there was child pornography on it. Will my friend get introble for the weed realated text messages?
Dear Nick: Unless the text messages are evidence of a crime that was commited, mere conversation about marijuana is not illegal. Free speech protects discussions about many things including crimes and misdemeanors, as they say. Any acts that follow that result in a violation of the law are another matter. Good luck.
[This is information only - not legal advice].
my grandaughter was served a warrant for not showing up in coury, now she is accusing my other daughter of turning her in.she claims the warrant officer told her who it was(which my daughter did not.)but anyway do warrant officers release that kind of information.
Dear Mary: It depends on the nature of the case, the laws in your jurisdiction and the policies of the officer’s department. If your granddaughter is a minor, generally information is not disclosed outside of court, but it may not be unlawful to discuss the case with others. Good luck.
[This is information only - not legal advice].
i got a call earlier tonight fron 911. it was the internet research department for my states police. they said they found “child pornography” on my phone without even having it. can they look at files you save on your phone or can they intercept picture mesages? because im 16 and i had a girlfriend who sent me some pictures a year ago. i only heard a voicemail because i didnt pick up but they said that since it was a year ago they wont convict me, just call me again and discuss the dangers. how would cops retrieve those pictures i dont see how its possible.
Dear John: We are an information web site about the law and teenagers. We have no technical knowledge regarding accessing computers, phones, etc. So we can’t help you there. We can tell you that under state search and seizure laws, the police may be able to access communications with or without a search warrant depending on the circumstances. That may include messages, texts, videos, photos, etc. If they have reasonable suspicion or probable cause to believe that a crime has been or is in the process of being committed, they may conduct a search and collect evidence in the case. Good luck.
[This is information only - not legal advice].
So my friend had some adderall that he was trying to get rid of, so I sent a bunch of text messages out asking if anyone wanted to buy any. I got a text back from a parent informing me that they had notified the police. Is this enough to get a warrant for my texts in Washington State? If so, can they press charges based on here-say and text messages? Can they press charges without physical evidence? If they do press charges, what are the consequences? I’m over 18.
Dear Concerned: You should be concerned about this situation. Under your state laws, you may be charged with attempted sale of drugs or other violation. Depending on the exact facts, there may be enough evidence to support a search warrant for your text messages. That would be up to the judge to decide. Possible penalties may include probation, jail time, or a diversion program if this is your first offense. You might consider talking to a local criminal defense lawyer. Good luck, and think about your next text before hitting “send.”
[This is information only - not legal advice].
i recently had my phone stolen, when the cop went to the house where it was located (i have a mobile me tracker) i gave him the serial number, now if he found the phone that was stolen, would it be given back right away or would theyn hold it for evidence and for how long
Dear John: If the phone is evidence in an ongoing criminal investigation, they can hold it indefinitely. There will come a time when either the case is closed as an unsolved crime, or charges are filed and it comes to a conclusion following trial, appeals, etc. You might check with the police in a month or so and ask about its status. Good luck.
[This is information only - not legal advice].
my phone was stolen and I gave the names of who did it the cop once he asked for the serial number after calling me at the house and then he never called back.
could he have taken it as evidence? and will i get my phone back ever>
Dear Rick: It is possible that the phone is now evidence in an ongoing criminal investigation. If that’s the case, the police may hold on to it until the case is concluded. You can call every month or so to check on its status. Good luck.
[This is information only - not legal advice].
My phone was taken up during PE in school today the coach said it would be in the office after school. It was cool and I understood the rules but right before sixth period ( two periods after PE ) my ex girlfrined came to me and said The next time you get your phone taken up make sure to delete your messages. The school princiable and the counsler had read through my text and my ex girlfriend has sent me text asking me about sexual favors/foreplay and stuff. The princable and counsler called the girl in the office and gave her a lecture and got and gave me a day in school suspension. Can they do this. they where on my phone for a while because my iphone has a battery detector app in it and when i gave them my phone it had 92 percent when i got it back it said 45 percent. I am pissed of and can they read thorugh my text without my or my parents concent i dont know its just messed up
Dear Eli: You’ll have to check to see if your school has an Acceptable Use Policy regarding electronic devices at school. Many schools have put such policies in place to regulate cell phones, etc. on campus. They may be in their rights in searching the phone if they have reasonable suspicion to believe a school rule or law was broken. There’s a good lesson to be learned here, right? Be very careful about what you send or post. Once you click, it’s out there forever and can’t be taken back. Good luck.
[This is information only - not legal advice].
My friend was recently arrested for felony possession and the cops took his phone and started texting me and calling me pretending they were my friend (who they had already arrested). They posed as my friend and told me to meet them somewhere, which I stupidly did. Are they allowed to do this? It was a set-up. I live in Texas and was just curious.
Dear Meowmix: The search and seizure laws of your state apply to this situation. Generally, when a crime has been or is in the process of being committed, law enforcement may gather evidence during its investigation. Cell phones and text messages are ways to investigate contacts and ongoing criminal activity. Cases involving legal and illegal searches are just now making their way through the courts since this is a fairly new area of the law. Good luck.
[This is information only - not legal advice].
me and my cousin were accused of cyber bullying. truth is we didnt have anything to do with it. what happend was that they were txin her from my friends AIM(which we were using to check our myspace)they threatend he n had put my name in it., when they called us up to the principals office the police officer accused us.he didnt think we were saying the truth. so he said”for threratin her im gonna threaten you 90 days in juvinal hall”. he then took our phone away without our parents there and there permission and was going threw our phones. he then said he was going to read all our messages. is he allowed to do that?
Dear Cynthia: The police are allowed to search for evidence when they have reason to believe a crime has been or is in the process of being committed. So, the exact details of your situation may justify a search of your phone. If what was written amounts to a threat of some kind, there’s a possibility that the writer may be charged with threatening, harassment or whatever law exists in your state that would fit the facts of this situation, including cyberbullying. Good luck.
[This is information only - not legal advice].
so yesterday after school there was a big fight . the boy got punched in the face droped to the floor. and his face got stomped on once.. he was bleeding.. i was recording. the principle took my cell.. and now the police has my cell.. there going through my phone.. i never gave them permission. yes i took the video they can just copy the video into there computer why do they have to take my phone with them.. is there anything i can say to them ? or do.. to protect my rights..
Dear Natalie: The police may confiscate evidence during an investigation of a crime. The content in your cell phone may be used in a case if charges are filed. Once the investigation and resulting case is concluded, you will be able to get the phone back. In the meantime, contact the police department every now and then to check on the staus of the case. Good luck.
[This is information only - not legal advice].
But the thing is they did not ask for my consent. they did not show me proof of search warrant. There going through my stuff with out my consent. I did not receive any written document that they took my phone and will take responsible for any damages. The thing is i was not informed till this morning that my phone is with the police.
Dear Natalie: You could go to the police department and file a claim regarding the phone so that when the case ends it will be returned to you.
[This is information only - not legal advice].
i was atschool texting during lunch and the schools deputy took my phone away. he said he was gonna go threw it and read all my messages. me and my boyfriend do have our “moments” on there. i was wondering is that a crime?
Dear Jenny: Check your school’s Student Handbook to see what the policy is regarding cell phones at school. Most schools across the country have an Acceptable Use Policy which, when violated, gives the administration the authority to take the phone. Generally, if a school rule or law has been or is in the process of being violated, a search of the phone may be permissible. Talk with your parents about this. They can request some clarification from the school about this incident. Good luck.
[This is information only - not legal advice].
i got caught with possesion can the court or the police look through my phone records?
Dear Ryan: If the police have reasononable suspicion to believe that your phone was part of the crime, they could search your phone and/or phone records depending on your state laws with or without a warrant. If you’ve been charged with possession and have a lawyer, run this by him or her. Good luck.
[This is information only - not legal advice].
Can a cop go through my phone and take pictures?
Dear Frank: Under certain circumstances the police may search your cell phone. If, as part of an ongoing investigation into criminal activity, they have reasonable cause to believe that your phone and its contents may be evidence in a case, they can request a search warrant from a court. There may also be reason to search it without a warrant. The specifics facts of each case dictate the legality of a search. Hope this helps. Good luck.
[This is information only - not legal advice].
Im from NJ. If i got a ticket for illegal front window tint, can the town make me come to court with my car to prove its off?
Dear Lauren: They may require some proof that the tint has been removed. If you weren’t told to produce the car itself, take a picture of it and bring it to court. Good luck.
[This is information only - not legal advice].
So, I’m a minor in my state for another 11 days. I had been talking to a 23 year old male just as friends for 2weeks until I found out he had a record of 3 misdemeanors. We had flirted through texts and he had asked me to send things, but I wouldn’t. He sent me 3 pictures that were unwanted..all the while, I knew he was talking to a couple other girls that were also minors. There is now a pending request placed by a girl for a restraining order against him…I know that they can pull his text messages and look ate all that he has sent, but does that mean they can look at mine?
Dear J.T.: If the police have probable cause that a crime has been committed, they can search his phone with or without a warrant. That would depend on the search and seizure laws in your state. So, yes, they might be able to see your pictures, if you sent any, and your text messages when searching through his cell phone.
Good luck.
[This is information only - not legal advice].
Can police go through someone’s text messaging records through the cell phone company? Do wireless companies keep text message records? If so, how long are the text message records kept? I know that they wouldn’t be able to without a warrant/reasonable cause, but if they did have a reason to is it even possible to access old messages? What about more recent messages?
Dear Jake: Your questions about company practices regarding their service and record keeping is best addressed to them. It’s a matter of individual company policy. As you stated, with a search warrant, the police would be able to search as far back as the messages are retained. Good luck.
[This is information only - not legal advice].
A friend of mine got in trouble and the campus police at Washington State seized his phone and got his text message history and now the school is trying to get me in trouble too because in his text messages I’m apparently associated with him. I was wondering if it is legal for the police to release his text messages to the school
Dear Mike: Whether it’s legal or not depends on what the police know, whether they’re investigating a crime or violation of school rules, and the laws in your state. Under certain circumstances they may be able to release information to the school. Each situation is handled on a case-by-case basis. This whole area of text messages and searches is new. There are several cases being tested in the courts. Good luck.
[This is information only - not legal advice].
My husband is being held in jesey isles prison he is being cahrged with conspiracy based upon nothing mobile phone numbers x2 that are not connected to me in any way can they do this please help
Dear Jan: Askthejudge.info is an educational web site for teenagers about the law. As such, we do not provide legal advice to adults or teens. You need to speak with a local criminal lawyer about your concerns. Good luck.
[This is information only - not legal advice].
I was set up and charged with trafficing and possion of controlled substance. The cops took my phone but wont beable to access any thing any ways because it has a lock. Im just wondering if I can get my phone back right after the case is closed even if I get probation, or if I get probation will I have to wait till im off probation?
Dear Bill: When you’ll get your phone back depends on the police department’s policy and the probation terms you receive. If the phone is needed in an ongoing investigation you won’t be getting it back until it’s no longer needed. If you have a lawyer, ask him or her about this. If you don’t, you can ask your probation officer. Good luck.
[This is information only - not legal advice].
a couple buddies of mine were just busted the other day for sale/manufacturing weed and took his cell phone, with some texts from me in there possibly about purchasing some, or at least going over to smoke… could i get into any kind of trouble? Just because a text says something, doesn’t mean it ever happen, no way they could prove it either way if i did or not?
Dear John: The text message alone may not be enough to charge you with a crime. However, it could become part of an ongoing investigation. It could be one piece in the evidence puzzle that law enforcement is trying to solve. Bottom line, be careful about all conversations, especially those that are recorded.
[This is information only - not legal advice].
If a ex boyfriend gets a restraining order on you and it gets broken and you have to see a judge, can the arresting officer contact people you know that have nothing to do with the restraining order to tell them what happend and get information from them? as well as tell your roommate about something you have in court but have not been charged with? i thought that was personal information.
Dear Rebecca: In the course of an investigation the police talk to many people. Every case is different and requires professional handling. In a case of domestic violence, national statistics support thorough questioning of anyone involved or having information in order to keep the alleged victim safe. If you have a concern regarding the dissemination of information by an officer, ask the officer involved. If you’re not comfortable doing that, you can speak with a supervisor. Good luck.
[This is information only -not legal advice].
Can you be convicted solely on texts sent through your phone? I mean, can they just look at your text records because of suspicion and charge/convict you based on nothing other than the word of some others and or sent texts? I mean….how would that be legal? No one can prove who sent the texts right?
Dear Jess: This is a developing area of the law. If what is written or sent constitutes a crime under the laws of your state, charges may be filed. For example, if the comment is a threat to harm someone, and it can be traced to you as the speaker or writer, then yes, you could be charged. But you’re right, just because the cell phone can be identified through the number, doesn’t by itself mean the owner was the sender. Thanks for asking.
[This is information only - not legal advice].
my probation officer looked threw my phone and seen a picture of a gun. my probation officer put me on intense probation. can she do that?
Dear Dejohn: Under the terms of your probation, she may be able to search your phone, your car, room, etc. In accepting probation you’ve temporarily given up certain rights including some privacy until you successfully complete your probation terms. Check with your PO to explain what she is able to do as your assigned officer. Good luck.
[This is information only - not legal advice].
well i was arrested in las vegas , for burglury , and my phone fell out of my pockets when i was arrested, the arresting officers took my phone , read through it, and texted my girlfriend saying they were going to catch her when she had nothing to do with me and my friend breaking in can they do this legally??
Dear Ryan: It’s hard to say whether searching your phone and placing a call on it was legal or not. It depends on the nature of their investigation, if it’s ongoing, and the basis for the action they took. Gathering evidence in a crime investigation gives law enforcement broad powers, even if you don’t think what’s done is right or relevant to their contact with you. You could ask a local criminal defense attorney about this. Good luck.
[This is information only - not legal advice].
I used to work in a store at the mall.One day I went to the mall to do a little shopping with my family before work. during that time my phone had gotten stolen and ended up in my managers hands. He went through my entire personal phone without my permission and without me being on the clock.all this happened outside of work. My privacy was invaded in deed and harassed.
Dear Rachel: If the phone was a company issued phone, then your manager most likely had the right to go through the phone. If you agreed to certain terms of employment or policies in the workplace when you began working at the store, they may have included waiving some of your privacy interests. However, if it was your own personal phone and you did not agree to sharing its contents with your boss, then your manager would not be entitled to looking through your phone. For more about this issue, click here.
[This is information only - not legal advice.]
My husband is being accused of committing a robbery, detectives did a search warrant (took items) illegal and searched threw my husband phone (making calls) while he was in custody. Can this be used against them in court?
Dear Ms. Romain: Askthejudge.info is an educational website for teenagers about the law. Your questions are more appropriately addressed to a criminal defense attorney in your area. In addition, we don’t provide legal advice to adults or teens. Good luck.
[This is information only - not legal advice].
I was at a party but the party was over after a fight broke out. everyone left an only a couple of us that live in the same street the party was at were stopped by the police some of us were let go an some of us were held an investigated. My brother who is on Probation was with his gf outside our house 3 houses down were the party was at when walkin inside our home the police asked them to sit down wit some of us an they took the phone which he had that was mine an they didnt wanna give it back can they do that?
Dear Graciela: Whether the police can take your cell phone depends on the circumstances. If they had reason to believe a crime was committed or in the process of being committed, they could take it for investigative purposes. After the investigation is closed you can ask for its return. Good luck.
[This is information only - not legal advice].
I was arrested in connection with a robbery and supply of a Class B, and the police have taken my phone. For one I was wondering if I will everget my phone back off them? And B I was wondering if it is legal for me to claim a new phone off of my insurance?
Dear Riley: If your phone was used in the robbery, before, during or after, it may be considered evidence in the case against you. If that’s the case, don’t expect to get it back anytime soon. Regarding your insurance you need to look at the specific terms of your policy regarding loss of property and making a claim. Good luck.
[This is information only - not legal advice].
My cousin’s husband was arrested recently, are the police allowed to read text and online conversations between myself and both my cousin and her husband?
Dear Russell: If the police consider the conversations as evidence of a crime, they may be able to use them in the case. Depending on the laws of your state, they may or may not need a search warrant before searching the computer or cell phone. Good luck.
[This is information only - not legal advice].
Last night I was held against my will in a Ranger’s investigation. The whole time he treated me like a criminal when I was merely a witness. He asked me information and I merely said I would not disclose that at the time, so he told me he could handcuff me and arrest me there. I told him I knew my rights to shut up. They wouldn’t let us leave. He called backup to the scene and they secluded me, the only woman, from my friends. The other officer treated me with respect but while they left me under watch of a younger “ranger rick”, I was texting on my phone. The “bike cop” snatched my phone from my hand and read my text messages and made phone calls on my phone. When I saw him push a button that sends charges to my phone for the internet I told him and he SCREAMED at me, telling me to shut up and that he didn’t want to hear another word from me… and told me that I was getting two tickets for conspiracy and withholding information, that were going to be bigger charges anyway. This was after I told them everything. They were on such a power trip and I felt so violated the whole time. The first cop even made up lies about occurrences of the situation when his backup arrived on the scene.
I guess my question is… Was that cop allowed to snatch my phone from my hand? Go through it? And make phone calls on it?
Dear Cassie: If the police have probable cause to believe that you have committed a crime, they can stop and question you, and depending on the circumstances, search you. If they believe your cell phone may contain evidence of your involvement in the case, they can search and confiscate it until the case is closed. When you go to court, you can ask for a lawyer who will explain your rights to you in this situation. Good luck.
[This is information only - not legal advice].
Thank you but I was not suspected of any crime, I was merely a witness that they treated very poorly because I knew the suspect. They can make phone calls from my phone?
Dear Cassie: In the course of an investigation the police have authority to do many things including the questioning of witnesses. Whether the officer crossed the line in taking your phone and reading some of your messages depends on what he knew at the time, the reason for searching your phone and other factors surrounding the incident. The same is true regarding his making calls from your phone. It may have been in furtherancve of his investigation. You could always speak with a defense attorney or prosecutor in your area about the legality of what took place.
[This is information only - not legal advice].
i was pulled over a couple of nights ago because the officer said i was driving to fast for the weather conditions comming up to a traffic light that was turning red. it was 1:30 in the morning and im only 17 ( 18 in a month) the officer told me to call my parents and after i did he was going through my phone looking at pictures and text messages. can he do this?? he also searched my car for no reason i had nothing laying out and no warrents. I did not give him concent to do this but he did anyways. he took my cigarettes andhe gave me 4 tickets, one for apperantly driving to fast for conditions when i was only going 35, one for curfew, one for underage tabbaco, and one for my brake light out. is any of this allowed?
Dear Tommy: Once you go to court for the tickets you received, the process will be explained to you. You may be appointed a lawyer if you and your parents can’t afford one. Discuss everything that happened with your lawyer. He or she will be able to read the police reports and determine whether everything that happened was legal. Under certain circumstances the police may search a vehicle without a warrant or your consent. The same goes for your cell phone. Good luck.
[This is information only - not legal advice].
i have a major question here i am from minnesota and these were the conditions of what happened. we were pulled at about 10 oclock. the cop asked us why he pulled us over… we had not committed a traffic offense driving wise and the drivers side seat belt was jammed. didnt have a reason he looked in and then pointed out the seatbelt as if he hadnt even known. took both of our licenses and then went back to the derango. about 5-10 mins later he came back and asked us to step out of the vehicle… then searched us. he found my bowl and a bag. my point being here isnt that an illegal search and sezure expecially without probable cause. then i asked if i could call my girlfreind and he picked up my phone like he was going to give it to me and then started going through it. i told him str8 up that i hadnt given it to him and that was an invasion of privacy. he proceeded to go through it. after all of this he gave us breathalzyers… like what the hell.. all of this by one cop proceedure calls for them to call backup the moment they find anything… tell me this doesnt sound fishy.
Dear Hoffman: As you know there are two sides to every story. If you go to trial on the tickets or are formally charged, you’ll have a chance to speak with a lawyer and go over all the evidence in the case. Your attorney will be able to read the police report and interview witnesses. If the police officer violated your rights in any way or obtained evidence against you in violation of the search and seizure laws, your lawyer will know what to do. Good luck.
[This is information only - not legal advice].
Can my probation officer read my text messages?
Dear Jon: That’s a great question and one that many probationers wonder about. You surrender certain freedoms while on probation and probation officers are given authority to do certain things that others may not do. For example, if you’re on probation for a drug offense and the court has ordered as a term of your probation that you stay clean and submit to drug tests on a random basis, your PO may be authorized to check your room for drugs or your car, and search your phone for contacts or persons you were ordered to stay away from. If the PO finds evidence of drugs or contact with restricted persons, you’re in violation of your probation and may end up back in court. Bottom line: ask your PO to explain to you his or her legal responsibilities as your probation officer. Good luck.
[This is information only - not legal advice].
Hypothetical question: If a judge issues a search warrant for your phone and you have a password protecting it, do you have to remove it for them? Would it be considered obstructing the law if you did not?
Thanks
Dear Dane: That would depend on the language of the warrant and how extensive a search the court has authorized. If it takes removal of the password to access information on the phone, you’re likely to be asked to remove or provide the password. If you refuse you may be violating the law by obstructing justice, failure to obey a lawful order from the police, etc. depending on the laws of your state. Good question – thanks.
[This is information only - not legal advice].
So a couple of my friends and I were walking home because it was past curfew. On the way home one of my friends went into a car and stole a backpack. My other friend and I kept walking cause we knew it was bad. While we were walking a cop pulled us over because it was after curfew. While he was talking to us my friend that stole came running down the sidewalk and when he saw the cop he threw the bag in a bush. After some time of questioning they put us in separate cars. when the cops walked away I quick called my mom so that I could tell her first. The cops came back and ripped the phone out of my hand. After the cops went back to the other cars one officer staid back and looked through my phone. When I saw her doing it I said, “hey hey hey, with all dew respect I don’t believe you can do that” she replied by saying “shut up! Shut up! Shut up!”. I just want to know if the officer had the right to look through my phone?
Dear Cole: Under certain circumstances the police may take your cell phone and go through it. Sometimes it requires a search warrant, other times it doesn’t. If it’s done in the course of an investigation of a crime, no matter how minor, it may be lawful. To determine if your privacy was violated the whole situation would have to be considered. Your question is one that many people are concerned about but with no definitive answer. It’s one of those questions that can’t be answered with a simple yes or no because the “totality of circumstances” differs in each case. Talk with your parents about this. They may be able to clarify the situation for you based on what happened and the laws that apply to you. Good luck.
[This is information only - not legal advice].
Do you think I shuld press charges? This cop is known through the city for thinking she is anode the law
Dear Cole: That’s a decision best made after you and your parents discuss it and talk it over with a lawyer. He or she will be able to size up the situation and tell you whether you have a case or not.
[This is information only - not legal advice].
Hello,
My friend woke up with bruise marks around her neck and didn’t remember where she got them. She had left a message on my phone in the middle of the night as well. I was worried so I made her go to the ER. The police went through my purse and took my phone while I was in the other room. We were NOT at the police station when this happened. They also took my phone as evidence with no warrant saying they need to download everything from it. That would be fine but now they won’t give it back . A) was going through my purse without my permission legal? B) Is it legal for them not to give it back? I mean, they should have to give it back after the info was downloaded, right? Also, I live in California if that helps. Thank you for your response!!!
Dear Katherine: In the course of a criminal investigation the police are authorized to collect and keep evidence until the case is closed. So, in this case, your cell phone may be part of the case involving your friend and her injuries. Regarding the return of your phone, you can call the police and ask them what their policy is about evidence and when you can expect the return of the phone. Good luck.
[This is information only - not legal advice].
okay, the police in the state of new York THINK that i have committed a burglary. The day it happened i wasn’t in school and i texted the kids phone seeing if he was home so we could go riding bike. Is it legal for the state of new York to go through every single text message to try and find any suspicious texts?
Dear Casey: In the course of a criminal investigation the police can conduct searches with or without a warrant depending on the circumstances. “Probable cause” that a crime has been committed or is being committed is the standard that must be met to support a search warrant. Other circumstances exist in the law that support warrantless searches. Many towns around the country have free legal assistance programs where you can consult a lawyer for 30 minutes or so and obtain advice. You might check with your local court or public library to see if this is available to you. Good luck.
[This is information only - not legal advice].
thank you very much. They have no proof of anyone who did it and are watching me they have absolutely no proof i did it… would they be able to access my verizon account and go through my texts legally without a warrant?
Dear Casey: It’s possible but unlikely unless there’s an immediate chance that the content will be destroyed or lost. Otherwise a warrant would need to be issued to search the phone. The laws regarding search and seizure in your state would apply to this situation.
[This is information only - not legal advice].
Okay I live in pa and I was recently arrested for hitting my girlfriend… I know I’m pethetic for doing soo and regaurdless of wat she did never deserved that. She doesn’t want to press charges and we wanna be together. Now if I go on probation which is most certaintly gunna happen can he make it soo I can’t have any contact with her? And if so is there anything I can do to stop that. Pleaseeeeee help me!!!! I know I messed up bad and my actions were horrible but I can assure that it’ll never happen again I love this girl with all my heart and we do not wanna lose eachother pleasee help me
Deart Larry: The judge may order that you have no contact with her in the future. It depends on the facts of the assault, her age and wishes regarding future contact, and other factors. Express your regret to the judge and possibly after some counseling or anger management classes, you’ll be allowed to resume your relationship. If you violate a no-contact order you’ll be facing jail time. Good luck.
[This is information only - not legal advice].
Thank you sooo much for your help. She is pregnant with my kid will that make any difference? And if the court doesn’t make a no contact order can my probation officer? She was 17 when the incident happened but now is of age
Larry: It could make a difference because the judge will be interested in protecting both the mother and baby. And, yes, your probation officer could put her off-limits for a period of time. It depends on the authority he or she has under the law and your probation terms.
[This is information only - not legal advice].
My son was arrested for domestic violence involving his wife. they both were fighting, he didn’t hurt her.
The Problem is he’s black and she’s white. The deputies came out and instantly arrested without talking to the two to try to resolve. They seized his phone and searched it illegally and has charged him with lewd act on his wife’s 12 year child. The wife set all pictures up.
Dear Ms. Brown: Askthejudge.info is an educational website for and about teenagers. We don’t provide legal advice to anyone — adult or teen. We suggest you speak with a criminal lawyer about your son’s situation. All the best.
[This is information only - not legal advice].
Recently I was assaulted by two men while walking home. They were charged but police also charged me with drunk in public (I was not drunk). This is the state of VA.
Before I was taken to jail, I was handcuffed and never told why. During this, they patted me down and took my phone, car keys and wallet.
My friends were very concerned about my well being and one texted me “Are they seriously taking you to jail” and a police officer actually responded to her “Yes he is”
This text was deleted from my phone. But she saved it and showed it to me.
The police also searched through all of my other texts and photos, some of which were very private between my girlfriend and I.
Did they violate the law?
Dear Dan: In the routine course of a police investigation and arrest, they are permitted to conduct searches and seize property. The specific circumstances of each case dictate whether the search was legal or not. It is not always necessary for a search warrant to be issued. It is not uncommon for police to search cell phones for further evidence of criminal activity. When you go to court you can discuss this with a public defender who would know the laws in Virginia and have the police report on this incident to review. Good luck.
[This is information only - not legal advice].
Is it Legal in the State of NJ for a male Officer to go threw my personal property such as my pocket book without prior consent or a female Officer present? Is A portable scanner legal in the State of NJ? It was in the closed locked glove compartment in the car they searched first before having me sign a consent form what can I do about this matter?
Dear Joanell: If you were given a ticket for whatever happened here, you’ll have a chance at court to discuss this with a lawyer. The court may appoint a public defender to represent you depending on your financial situation. The police don’t always need a search warrant to search you, your car, room, locker, etc. The legality of a search depends on what is called the totality of the circumstances. This is a subject to discuss with a lawyer who would know the facts of the case from reading the police report and the laws in your state. Good luck.
[This is information only - not legal advice].
hello sir. i was being stopped for a supposed DUI, when during my sobriety test another officer who happened to be at the gas station I was pulled over at, and was I guess just observing, commented about a text that I recieved, or sent as he thought. does he have the right to be loooking at my phone? and might it help with my trying to plea bargin with the prosecutor?
Dear Christopher: Police officers are authorized to search for evidence of criminal activity in a course of any investigation. Whether it’s done with or without a warrant depends on what is called the totality of circumstances surrounding the incident. Once you go to court on the ticket you can bring up what happened with your cell phone with either your lawyer or the prosecutor if he or she approaches you with a plea offer. It can’t hurt – but don’t be aggressive about it or demanding. As you know you catch more flies with sugar than vinegar. Good luck.
[This is information only - not legal advice].
my dad loanes my brother his truck and my brother left his truck at home went outta town someone got in there drove the truck to the woods had a meth lab in it. and he had left his cell phone in there too and took truck and phone. can drug task force look at the phone line when it was in a total diffent persons name can they access his account.
Dear Johnny: In the course of a police investigation the collection of evidence is a common practice. So if the truck contained meth as you said, with or without a search warrant, the police may have been justified in confiscating and searching a cell phone found in the truck. It may contain incriminating evidence that can be used in court. Talk with a local criminal defense lawyer for specific advice about this situation. Good luck.
[This is information only - not legal advice].
How far back do phone records go. Can a police officer check text messages that are 6 months old. Or can they never be found again?
Dear Nick: That depends on your service provider. Every telephone/cell phone company has its own rules and policies. You could call yours and ask. The police can usually obtain, especially with a search warrant, past text messages regardless of age. Good luck.
[This is information only - not legal advice].
I was raped 5 months ago by my ex boyfriend. I have text messages saved on my phone from him admitting to the rape and even threatening to do it again. Would this be enough evidence to have him put in jail?
Dear Sarah: First thing, Sarah, is you must protect yourself. Threatening someone with injury or harm is a crime. Since you know him and what he’s capable of from the past, you must take this threat seriously. You can notify the police about these messages and they will investigate. If you reported the rape five months ago, they already have a record to work from. Whether the history and text messages are enough to lock him up is a decision law enforcement will make. Good luck and be safe.
[This is information only - not legal advice].
If I am a rape victim do I need to hire a lawyer for court? I really do not have the money for a lawyer but I also want to win the case. I’ve researched online but I have gotten different answers.
Dear Jessica: As a victim, there may not be a need for you to have a lawyer. It depends on what is going on in the criminal case. If charges have been filed against the offender and you’re headed to trial, you are probably working with the prosecutor’s office. They don’t represent you officially but their office may have victims’ services or counseling available. Ask about this. If they don’t have such a program they may be able to direct you to someone in the community. You can also discuss with the prosecutor the need for you to be represented. Good luck.
[This is information only - not legal advice].
I was arrested for DUI saturday night. I asked for my phone call and was denied. The officer said he was to busy. After being in the cell for a couple hours i could hear my phone ringing and ringing. While booking another person for DUI The officer gave him my iphone with all my personal info on it and let him answer it twice and tell my business without my consent. Is that legal?
Dear Kendal: It may not be illegal but it’s certainly unethical. Oftentimes due to the volume of arrestees being processed, mixups regarding personal property happens. Unless the act of the officer was intentional, and that may be very hard to prove, there’s little likelihood of liability here. You may want to consult a lawyer in your area who is familiar with corrections law. Good luck.
[This is information only - not legal advice].
I stole a phone from a car and put my sim card in it. it had my text messages in it when i was arrested are the cops allowed to go through my text messages and if so can anything they find in there be used against me in my case?
Dear Dylan: Under the search, seizure and arrest laws of your state, the police may be authorized to search your phone. Since it was taken in the course of arresting you, part of their investigation may include looking at your text messages for further evidence of criminal activity. Discuss this with your parents and lawyer before you go to court. Your lawyer will have access to the police reports filed and will know how to handle any challenges to the search. Good luck.
[This is information only - not legal advice].
hint tell judge what state you are from so he/she can help you better