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?


Asked on 9/26/08, 12:06 am

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

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.

For a Consultation call 612.240.8005.

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Answered on 9/26/08, 3:17 pm
Thomas C. Gallagher Gallagher Criminal Defense

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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Answered on 9/26/08, 4:00 pm


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