Legal Question in Constitutional Law in California

how much power can law enforcement obtain if they want to listen on cell phone and or read our text messages?


Asked on 10/25/09, 11:57 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Law enforcement can only intercept telephone and text messages with a warrant. To get a warrant, they must convince a judge both that you probably committed a specific offense and that monitoring your communications is likely to yield admissible evidence of your guilt. Even if a judge issues such a warrant, she will likely restrict the extent of the monitoring.

If the authorities manage to get such a warrant, any communication they intercept (except for certain legally privileged communications, such as those between you and your lawyer) can be used against you.

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Answered on 10/31/09, 12:06 am


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