Legal Question in Criminal Law in Minnesota

Can police seize a phone after detaining me for 1.5 hours but not arresting me. They said once they were releasing my property to me that they were "actually" going to keep my phone because the wanted to get a forensic search warrant for it. Is this legal? in MN


Asked on 12/05/14, 9:26 pm

3 Answers from Attorneys

Samuel Edmunds Sieben Edmunds Miller PLLC

You need an attorney in a serious way. There are many complicated issues that come into play with arrests, searches, and search warrants. The story you tell makes it sound like the cops suspect you of a crime. Now is the time to get attorney representation to make sure you're handling this the right way and to protect your rights. Give me a call for an initial consultation.

(651) 994-6744

[email protected]

www.siebenedmunds.com

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Answered on 12/06/14, 6:21 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Prior reply is inappropriate and inaccurate. Yes, in certain circumstances police may seize a cell phone. I urge you to confer privately with an experienced and reputable attorney at this time. Tricia Dwyer Esq at 612-296-9666 Minnesota Criminal Defense Attorneys Tricia Dwyer Esq & Assoc PLLC

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Answered on 12/07/14, 8:59 am
Maury Beaulier612.240.8005 Minnesota Lawyers

The prior response by Mr. Edmunds was appropriate and accurate. I am not sure why Ms. Dwyer insists on providing what appears to be a stock response and one she has provided to a number of different inquiries without providing any real information herself.

That notwithstanding, your phone cannot be searched without a warrant. There must be probable cause to support such a warrant. I agree that you may be under an investigation and you should consult with counsel. Mr. Sieben has certainly provided you with good information.

You can reach me at 612-240-8005.

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Answered on 12/08/14, 10:48 pm


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