Comments on: Can a police officer read my text messages?

By: Tyler

Tyler — Tue, 24 Jan 2012 21:57:36 +0000

A few years ago before this whole sexting thing became well known I was sent topless photos while I was 14. Now those photos are re surfacing and is it possible for me to get in trouble if I didn’t send the pictures to anyone or show anyone and the other person just sent that same photo to others. I also do not have the photo and haven’t had it or talked to the person in the last 3 years.
Dear Tyler: You have hit the big issue regarding sexting squarely on the head – photos have a way of resurfacing years later. You have to look to your state’s laws on sexting if they exist. Not all states have addressed this yet. If you haven’t done anything with these photos since they initially appeared online, you may be in the clear but, again, it depends on any laws that apply and how the facts of your case fit under the law. If you’re comfortable doing this, discuss this with your parents so they can do what’s necessary to protect you. Good luck.
(This is information only – not legal advice).

By: Tylor

Tylor — Sun, 22 Jan 2012 03:32:34 +0000

I had been calling a dealer repeatedly while his phone was in police custody, is it likely they will come to my house or investigate my person. I have sent messages looking for product, but thats it. Iv never been a distributors, just a desperate addict looking for a fix, msg will only confirm someone looking to buy, nothing else. Been clean for a week and really want to stay clean from this point on.
Dear Tylor: The police would need more than a few messages to charge you with a crime. Hard evidence is needed against a person to formally accuse them of criminal activity. The situation may be different if you’re already on probation or parole. The messages may be evidence of a probation violation. Congrats on your first week clean. Keep it up and write us again when you hit one year. Good luck.
(This is information only – not legal advice).

By: scotty

scotty — Sat, 21 Jan 2012 04:49:28 +0000

my names scotty im from NE i am 16 i got caught for sending pictures the cops took my phone as “evidence”. they have had it for almost 4 months and no charges have been pressed. is it legal for them to hold it this long?? should they also be able to take it if no charges are being pressed??
Dear Scotty: It is common for the police to confiscate and seize a person’s property such as a cell phone when there is an ongoing investigation and the property is evidence. Charges do not need to be filed in order for the police to hold onto a person’s property. Since 4 months have already passed, you may have gotten lucky without being charged. You and your parents could try contacting the police department and ask the officer or supervisor who is handling your case whether you might be able to get your phone back. Either the police will want to keep your phone if charges are going to be filed or they will be willing to give it back to you if no charges are filed. Good luck.
(This is information only – not legal advice.)

By: Mrcardenas

Mrcardenas — Fri, 20 Jan 2012 20:08:17 +0000

I got called in to speak with a investigating cop who had received acusations of me distributing pain pills to another individual(the accuser). I admitted that I had done so in the past but when I told her i wouldn’t anymore so she turned me in to the investigator saying I was harassing her to buy pills. The investigator took my phone and copied the hard drive of all my msgs deleted and current. They r msgs of the previous transactions between her and I but nothing within the last 60 days when I told her to leave me alone. Can I still get in trouble for these
Dear Mrcardenas: It’s possible that you could face charges based on the text messages as well as your confession. Even though the messages are from 60 days ago, they are most likely within the statute of limitations (the time limits to file criminal charges) to charge you with a drug offense. Usually, the prosecutor will review any police reports and evidence to determine if there is enough evidence to file charges. If the prosecutor believes there needs to be more evidence, the police may continue to investigate the matter, so be sure to stay out of trouble. Good luck.
(This is information only – not legal advice.)

By: Eric

Eric — Fri, 20 Jan 2012 04:21:49 +0000

My friend’s dealer was caught by the police, and they confiscated his phone. My friend was texting him the day he got arrested. Can the police come after my friend at all? My friend’s from CA and this is a marijuana dealer.
Dear Eric: The police have the authority to collect evidence of criminal activity through many sources. This includes the content on computers, smart phones, iPads, etc. So, yes, they can investigate your friend through the text messages if they believe a crime has been committed. Good luck.
(This is information only – not legal advice).

By: Aylin- China

Aylin- China — Fri, 20 Jan 2012 02:45:38 +0000

Hello again and thanks for your previews reply !
I have to relate to you other question here : I need a different idea other than Chinese ideas.. so I contact you again with respect telling my story :
I met my boyfriend 3 years ago. We planed to live together, but every time we planed something, there was a problem , he found resons and reasons.. Well, I tought he lie me. Later, we planed to marry . I had all my documents from my embassy ready for marry him here in China, but he text me a sms message : Aylin, please give me 4 days… I need 4 days more to close a project.. ” the sms is more long, he beg me to give him this days, but , me, as any woman who feel something is wrong, I called him in that days and ? surprise, a woman answered to his phone and told me is his wife… Before of this, he told me he worked for some secutiry projects with his company , I asked him, are you sure we can marry ? They allow you marry a foreigner now ? He said yes, I am not in their services, I only had some projects for them… Well, , then he said that woman is not his wife, is his ex gf who make him problems. I asked them both to come to my embassy then as I had to report this case because I had to complete some documents there about my actual status to inform them if I married with him or not after they gave me the documents for prepare for this. They came there, there that woman didn’t said is his wife !In my opinion, she played a game , a good role and she may be sent special from secutiry department to control him and stop him marry a foreigner ? He told me that he didn;t knew that he didn;t finished his status involved in this security policy , he should wait 2 months more to exit from their status, but he didn’t knew about this clear… Well, that woman, second day after she said is his wife, she called me and asked me to come to talk with them both, also she asked me if I am ok, if I am feel ok.. I don’t think so a wife can be so calm down after find her husband ready marry with other woman.. and also a man I think is not crazy to ask other woman marry him if he would be already married, right ???
He helped me in this years with so much money here for my needs. I didn’t asked him, he was doing this by hisself. Then , after the embassy story, he told me that he asked that woman to give him money and now the woman found out what he done and she want her money back from me. He told me the woman asked some special peoples from this kind of special company ( bad peoples) who follow him every day to give them back the money . He told me this since 1 year already, that peoples follow him and asked him to give back all the money one time + to pay their salary 50 Euro (500 CNY) every day . He always said no enough money to pay them all the money one time because he has to pay them the salarry for following him, 50 euro/day… I tried find info , of course later to see if he lie me or not, but I cannot find too much. I called his phone many times, it was true he was all the time together with that peoples, one people keep his phone and answer to his phone , if someone call him , they call back then to see who is and ask info about me if I called him or other person as they want to find me too… I called him many times, he was there with them, if I insisted to talk with him, they pass the phone to him . So he is not with that woman anymore. I asked his staffs to his company, they confirmed to me that a people keep his phone and also they cannot csall them because that people ask if I am to his office and info about me.

My dear, this story made me almost crazy ! I was ready lose my minds I can say many times and I cannot find quiet in my soul and life . I want to ask you : in your opinion, that peoples are the security peoples and ask him maybe to pay back some money ( so much money maybe) as he violated the working contract conditions with them and because he was ready then to marry a foreigner and in the contract possible to be write that he cannot do this ???? Why in 2 years that woman never appeared in our life …? why she appeared exactly when we planed to marry ? We was talking in sms this and possible they check his sms always and they know all of our things , maybe he never knew about this too ?.,… Why this woman disappeared after she played this role of “wife” ?…
So you think too this peoples are the security peoples, but not someone from a special company as he told me ? He said the woman send that peoples follow him because she want her money back. I don’t believe this can be legal in any country ! If would be like this, why he not go to police ???? He said the police cannot solve this things. I don’t believe this !
He don’t want to say good bye to me also, he keep contact with me since then and promise to me he finish this things , but from what I see, he don’t finish or he cannot…. We had so much quarrels because I was so confuse, but in my opinion this is security peoples, not who he told me. ….

Please let me know your opinion and if in US does exist some company who send peoples to follow someone to take back some money, or if you think the same as me that this peoples are from security, not from where he told me…….

Thank you in advance !
Dear Aylin: AsktheJudge.info is a site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with a lawyer in your area who is familiar with the marriage laws in China and security issues involving foreigners marrying Chinese citizens. Good luck.
(This is information only – not legal advice).

By: Sharon

Sharon — Thu, 19 Jan 2012 23:11:41 +0000

My mother turned off her ATT cell account (unfortunately still owes money). My nephew is in county and needs the text off a dead phone… does anyone have a method to retreive this information??? we need messages to prove he wasn’t stalking his ex..
thanks…
Dear Sharon: We suggest you try contacting the cell phone company, explain the circumstances and see what can be done to retrieve the text. Good luck.
(This is information only – not legal advice.)

By: Kim

Kim — Sun, 15 Jan 2012 22:25:12 +0000

I was wondering if I could get charged for sending text messages to myself threatening my own life? The police have my phone records and I am waiting to hear what is going to happen? I live in PA. Thank you for your time.
Dear Kim: It’s very unlikely that you could be charged for sending threatening messages to yourself. However, the police may want to investigate if they believe the messages came from someone else or believe that you sent threatening messages to a third party. If you are wanting to hurt yourself or are having suicidal thoughts, please talk to someone. You are not alone and there are plenty of people out there who can help. You can call the National Hopeline Network 1-800-784-2433 or click here for more resources. Take care of yourself.
(This is information only – not legal advice.)

By: margaret mcgregor

margaret mcgregor — Fri, 13 Jan 2012 14:11:33 +0000

i was just wondering if u could give me advise related to the police seizing my partners phone. we were all out for friends birthday and went back to a house party where 3 other males entered a fight broke out with my friends partner and one of the males who came in it got a bit heavy and ended up in front garden where me or my partner never seen what happened. when my partner walked to front door and seen lots of blood coming from the male who entered he threw his phone to me and told me to call for an ambulance which i did. soon after police and ambulance came and everyone in house was takin up for questioning by c.i.d where for some reason or another they seized my partners phone because the 999 call was made from it. we dont understand why they took phone as all 999 call are recorded. my partner has been trying to get phone back and police dont seem really helpful. this is an expensive phone and has a lot of personal details and photos which cannot be replaced with family. hes went to his lawyer and she is goin to see what she can do to get it back. but why can they take phone for dialing 999 to save someone life. the two males were released and charged with assault on each other and they still have phone and case hasent been sent to the proculator fiscal office either. we are from scotland in the uk.
Dear Margaret: Generally when the police have an open investigation, they are allowed under the law to collect evidence. In this case, there may be information on the phone that could be used as evidence in the assault charges filed against the two combatants. So, the authorities may have a right to hold on to the phone until these cases are resolved. Your partner’s lawyer will explain this to you and do what she can toward retrieving it. Good luck.
(This is information only – not legal advice).

By: joe

joe — Fri, 13 Jan 2012 07:39:19 +0000

Judge, I was wondering.

How far back is a person able to look at their text messages history?

If it is through a certain point, does the previous text messages past the certain point get deleted?
Dear Joe: That all depends on the policies of your service provider. Each has their own practice regarding retained records and archives. You can call them and ask or go online to the providers website and read about their policies. Good luck.
(This is information only – not legal advice).