Legal Question in Criminal Law in Texas
can cell phones be searched before an arrest and without a search warrant?
Asked on 5/14/11, 2:23 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
I have not researched this issue but off the top of my head I would say no because it requires an officer to "open" it and it is not subject to public view. That said, I know that officers frequently not only open and search phones including texts but they also answer them.
Answered on 5/15/11, 3:36 pm
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