Legal Question in Criminal Law in California

Can a Cop answer my Cell

Can a cop answer my cell phone without my permission when it rings. I was sitting in the back of his car because he suspected i had marijuana in my car. so he was searching it and found nothing in my possession. My phone rings and he picks it up and says hello and tries to talk to the people who called. Is he allowed to do this?

Also when he did this he did not give me any sort of test or even look at my eyes to see if i was high. He just called my sister and made her come and drive the car home. Under what conditions can he deem i am ''not capable'' to drive.


Asked on 2/04/05, 6:39 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Can a Cop answer my Cell

The police would probably justify answering your cell phone as necessary for officer safety. The officer can justify his determination by observing you. That is your speech, eyes, how you walk, etc.

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Answered on 2/10/05, 9:21 pm


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