Legal Question in Criminal Law in Minnesota

friday august 20th i was at my cousins house when her ex boyfriend broke in and beat her up and took off. after the cannon cop arrived then a few goodhue deputy sheriffs came, i was sitting in the house playin with the baby well my cousin was outside giving her statement, when the deputy found out who i was he all off a sudden came into the house and asked me bout my relationship with the assoulter, after i told him that he is a friend he then came over and asked to see my cell phone, and i asked for what, he says well i think you have been texting him telling him we are lookin for him, and so he grabs phone out of my hands and tells me to unlock it, and i told him not without a search warrant. so he takes my phone and i was told it was in evidence untill they got a search warrant and then when they see that i was texting him, they were then gonna charge me with obstruction.

k well then i was looking at my phone records a few days after and find out that 5min. after he took my phone he had it forwarded to a different number, and there was calls or some activity of some sort being made,. its a week later and havent heard anything and i feel like my rights were violated! if this was legal then fine ill leave it alone, but i am contacting a lawyer and from what others have told me was they can not take, specially with no probable cause. but really i just want my phone back. sorry for writing you but i dont know where else to maybe get some answers.

thank you for you time, tasha


Asked on 8/30/11, 4:22 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

There is a strong challenge to the seizure of the phone which would require a warrant. Once a warrant is acquired, they may seize the phone and hold it as evidence until the case has been concluded.

For a consultation call 612.240.8005.

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Answered on 8/30/11, 8:05 am


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