Legal Question in Criminal Law in California

Is it legal for a cop to make text messages from ones phone.. I was pulled over and and the

Co occupant was arrested for undle the influance of CS, so they did a routine search of my person

And the vehicle, then came the K9... Anyways my cell phone was in the

Truck and after they didnt find anything they had to let go.. But I noticed that my phone had been

Used and the cop had iniated a text conversation with a person in which he was asking the

Person if they wanted drugs or if they had drugs.. I know that they constitute looking at text

Messages On ones cell phone they say it is within the guide line of a legal person search, but he

Didnt just look, he started a conversation and tried to setup a drug deal.. I really need some insite on this issue..


Asked on 3/30/11, 2:50 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The officer did not have the right to impersonate you that way, unless (maybe) you gave him permission. But of course that is not what the officer will say happened. He will instead say the messages were already there when he examined the phone and that you had just recently sent them.

His story will sound more believable than yours. In all honesty, I have a hard time believing your story and I'm more sympathetic to you than most jurors will be. You should get a good lawyer asap.

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Answered on 3/30/11, 2:56 pm
Anthony Roach Law Office of Anthony A. Roach

This is the new rage in law enforcement. While I agree with Mr. Hoffman to some extent, I believe also that you can prove that the texts were made while you were detained. Those texts should be time stamped. You can prove this by getting the time of the traffic stop information, dash camera tapes, etc.

I don't think a search of a person's telephone records and using their cell phone is the same as a valid search for weapons or contraband, but they are doing it.

If you have been charged, you need to get an attorney, and go over these issues with him or her.

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Answered on 3/30/11, 4:17 pm
Terry A. Nelson Nelson & Lawless

You don't need 'insight', you need an experienced criminal defense attorney; go hire one. You have potential evidence suppression and improper conduct issues to raise, properly. If serious about hiring counsel, feel free to contact me.

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Answered on 3/30/11, 6:02 pm


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