Legal Question in Criminal Law in Virginia

My son was as a friends house and the police showed up to search the house with no warrant, but the mother gave them permission to search. They pulled my son aside and searched him as well and found a very very small amount of marijuana on him. They gave him a summons for possession. While there his phone rang and when he took it from his pocket to turn it off, they took it. The officer said to remind him to give it back before he left. When he asked for it back the officer asked if he had any text messages on it from his friend and then kept the phone. Can they use any of the text messages against my son?

Asked on 1/11/13, 6:16 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Not beyond the realm of possibility (in my opinion).

Your son needs an attorney ASAP.

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Answered on 1/11/13, 6:29 am

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