Legal Question in Criminal Law in Georgia
I was recently arrested in school for having a small possession of marijuana, paraphernalia, and the intent to distribute. After I was detained, the school police officer took my cell phone and looked through my text messages. He then kept my cell phone and, without my consent or my knowledge of his use of it, began sending text messages to my personal contacts under my name. These text messages asked the contacts "what you looking for?" Is it illegal for the police officer to use this technique in an attempt to catch other marijuana users and dealers?
3 Answers from Attorneys
You have a far bigger problem than just the phone (that may be legal).
You need a lawyer for your case because with an intent to distribute case you gace many years in jail. Every day you wait worsens your situation. Stop everything else you are doing and see a lawyer TODAY.
You have a lot of immediate concerns in terms of the charges you will face for the drugs found on your person. You do have an argument to bar the State from using the illegally obtained evidence on your phone. See a lawyer to assist you in your defense and stop playing with your future.
Does the answer to your question really matter? The answer is YES, it is illegal for the officer to do it. So what? You are still arrested for possession with intent to distribute and possession on school grounds. What the officer may do illegally with yoru phone has nothing to do with your charges. The answer is NO, it is not illegal for the officer to do it. So what? The officer does not need the information he gathers from your cell phone to prove the charges against you. I think you need to focus on what you are facing, rather than the officer's conduct. But having represented more than 2000 clients, I know it si easier to focus on the conduct of the officer than on your own conduct.
Lawrence
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