Legal Question in Criminal Law in Minnesota
phone confiscation
Can a police officer confiscate my phone and read the deleted texts to find out if i have been talking about selling drugs?
2 Answers from Attorneys
Re: phone confiscation
Thank you for the post.
The answer depends on where the telephone was located and how it was seized. It would seem, however, that a defendant would have a very strong argument that any evidence adduced from reviewing texts on the phone without a search warrant should be suppressed.
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Re: phone confiscation
If police seize evidence unlawfully, that evidence may be suppressed as illegal in a criminal case. Much would depend upon the specifics of what happened, but I would normally argue that police must get a search warrant first, before searching the contents of a phone.
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