Legal Question in Administrative Law in Colorado

Legality of Police Issue

My little brother was out one night and decided to go visit a friend of his. It just so happened that my brother had never visited this guys new house before so he wasn't quite sure if he had the right house. To make a long story short it wasn't the right house, and the occupant called the police. The police then arrested my brother using excessive force in my mind but that isn't the real question I have. After they arrested my brother and searched him the police officer then began going through his cell phone looking at all of his numbers. Is this legal? I mean I know they had the right to arrest him, which they later released him after he explained the situation, but his phone had nothing to do with the reason they were there in the first place. This cop even went so far as to answer my brothers phone when he got a call and try to convince the person on the other line to come down to there current location. My little brother is currently on active duty in the Army and the cop started harassing my brother. He told him maybe I should call Sgt---- and what has our military come to. There was no call for that. I am just curious if he had a right to look through his phone.


Asked on 7/25/03, 3:27 pm

1 Answer from Attorneys

Dennis Blewitt Dennis L. blewitt

Re: Legality of Police Issue

absolutely none whatsoever without a search warrant based upon probable cause

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Answered on 7/25/03, 7:44 pm


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