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The police cannot take your cellphone and, without consent, read through your texts unless they have reasonable suspicion that a crime has been committed or is about to be committed. If the officer has obtained a search warrant from a court, then your text messages can be read. There are also situations where a “warrantless” search may be done – when it’s a matter of life or death and there’s no time to obtain a search warrant.
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If my phone was stolen, and the police recover it for me, can they then read through my text messages sent and received before the date the phone was stolen?
Judge Tom’s response:
That’s a great question – one that is being debated around the country. Generally, your private property can’t be searched without a search warrant or reasonable cause to believe a crime has been or is being committed. You have to look to the specific search and seizure laws and court decisions in your state.
My girlfriend was arrested with a cell phone that is in my name.She told them but they read it anyway and arrested me for conspiracy. Can they used these text against me in court?
Judge Tom’s response:
It depends on the laws that exist in your state. A lot depends on the circumstances surrounding the search. You might be able to challenge the search and what it revealed. Check with a lawyer familiar with your criminal laws and code.
I was arrested for possesion of stolen property(Which I had reseats for) while in the back seat of the police car the 8 cops past my phone and camera around looking a nude pics of my wife when i commented to one of the officers that was our personal property and I did not want them looking at the pic he laughed and said we will look at what ever we want when I got out of jail I check my verizon online account and there were text picture/slide show sent to personal phones while I was arrested when I filed a report the officer told me I shouldn’t have had them on my phone I know this is not right but is it illegal
Judge Tom’s response:
With what you describe, we think it best that you talk with a lawyer in your area. He or she can tell you what the search and seizure laws are in your state and whether the police exceeded their authority in viewing the content on your phone. This is a new and developing area of the law. You may be able to get a free 30-60 minute consultation with a criminal lawyer. Good luck.
my little brother was suspended from school because he was txting someone. my mother called me to tell me to go pick him up from school. so i get there and we (me and my little brother) get this lecture about how he shouldnt of been txting. she said “the teacher told him to turn off his phone and give it to her.” so the phone was turned off lets just get that straight. my mom went back there about a hour after i took my little brother home because the the principle wouldnt give me the phone. the principle told my mother that she read the txt messages. did the principle break the law?
Judge Tom’s response:
It depends on whether there’s a privacy law in your state. This is a new area of the law, and courts are wrestling with these issues regarding texting, IMing, etc. Some states have ruled that if there’s reasonable suspicion that a crime is or has been committed, school officials may search cell phones for criminal activity.
My phone was lost and found at a crime scene and now the police has my phone. When can I get it back?
Judge Tom’s response:
Your phone may have become an investigative piece of evidence in which case the police can hold it until the case is closed. Check with them to see if and when they’ll release it. Good luck.
hey my friends got there phones takein away because the had a vidio of a fight. they didint have a search warrent is that legal in minnesota?
Judge Tom’s response:
Dear Paul: Askthejudge.info doesn’t provide specific legal advice or comments on pending cases. We are an educational site for teens as you can see by looking at the site. We can tell you that generally if the police have probable cause to believe a crime has been commited or you have evidence of such, they may confiscate, in this case, the phone as part of an investigation. Whether they should have obtained a warrant first depends on the circumstances as applied under the laws in your state. Regards, ATJ.
I got my locker searched and they found a pipe and cigs wen the cop was talking to me he asked for my fone I gave it to him and then he started to go thru it I askedhim if he could do that he said yep then I said don’t u need a search warrnt he said nope and he has lied to me b4 with other stuff so I wanna check and bring it up in court
Judge Tom’s response:
It depends on the laws in your state and school district policy. This is a new area in search and seizure law across the country. Schools and legislatures are developing rules about these searches. Since you’re going to court already, ask your lawyer about this. He or she should know what laws apply in this case. Good luck.
I was arrested on sales and possesion charges and some of the evidance being used against me are he text messages from my cell phone. but, my cell phone was off and not on my person at the time of my arrest. but i thought they needed a search warrent for something like this.
Dear Ashley: It depends on the circumstances of the situation. A search warrant is not always required – there are exceptions to needing a warrant in order to search and seize evidence. Discuss this with your lawyer. Good luck
My husbends friend that is a pharmistes at a drug store was caught having peaple coming in to get iellegel pills without a doctors consent. At one point my husbend was one of the people. Well, last Thursday my husbend went to his friends drug store to pick up some cream for our son that was orderd for him and when he came out he was apprach by two cops. They ask him what he had in his bag and he told them just cream for my son. They took it and instede of cream it was a bottle of Vicadends. His friend set him up. My husbend was not arreasted he just had to go down to the police stachen to talk to the detictive.My husbend is on probashion for something that happiend awhile ago and if he does anything wroung hes gone for six years.Husbend and his friend would text all the time about when to come and get the pills and stuff about them, it started months ago. How far back can the cops look on his cell phone recoerds? My husbend didn’t want anything to do with this stuff thats why he told his buddy know more, he quit about two months ago. Im really affraid that something is going to happen and im gunna loose everything. Thanks.
Judge Tom’s response:
Your question is beyond the scope of this website which provides information about teen law. Your husband should talk to an attorney about these matters and whether there may be any sort of search or seizure issue. If you do not have a privately retained attorney, your husband could be appointed a public defender either for the new charges and/or the probation violation matter. Good luck.
my probation officer too my cell phone away can he do that
Dear Jason: It depends on the circumstances and the terms of your probation. If he or she had a reason to believe you were breaking the law or your probation terms, a search of your phone may be justified and legal. Good luck.
[This is information only - not legal advice].
the police took my phone cuz i had stolen goods and they said there going to look throw it i have texts on there about cannibs and videos will that come up in court
Dear Jake: What the police find on your cell phone may or may not be used in court. It depends on the search and seizure laws in your state and the circumstances surrounding the taking of your phone. Based on your email address, we assume you live in England, so the laws in your jurisdiction would apply here. Discuss this with your lawyer before going to court. Good luck.
[This is information only - not legal advice].
If the police questioned me at school before they read me my rights is all the information I gave them before they read me my rights admissabe. And on New Years they came to my house for 2 FALSE allogations, their was a social worker with them and she was the one who questioned me with 2 cops by her side, they read me no rights and made me lift up my matress without a warrant, can i possibly dissmiss all that I told the social worker?
Dear Chris: Askthejudge.info is an educational website about the laws for teens. We don’t provide legal advice or interpretation to adults or teenagers. Since your question concerns legal interpretation of English law applied to the facts of your case we are unable to respond. Under U.S. law, a person must be read their rights only when in custody. Also under America’s Miranda-rights procedure, only law enforcement is required to “Mirandize” a suspect. Miranda does not apply to teachers, principals, social workers, etc.
[This is information only - not legal advice].
Can a boss look up past personal text messages from a cell phone he pays for? He told us 5 years ago to use them as work and personal then decides to take them and see if he can look the texting up with the phone company for evidence of wrong doing and personal in store relationships?
Dear Tray: This is a developing area of the law. You’ll have to check your company’s policies, what, if anything, you signed when you started and the laws in your state. The Ohio Supreme Court ruled in December, 2009, that the police need a warrant to search someone’s cell phone unless the officer was in danger. Courts are starting to address these issues. Good luck.
[This is information only - not legal advice].
Can you turn in a police officer for breaking the law?
See, i live in a small town, where the cops get away with everything it’s rediculous. For example, there was a cop sitting in a parking lot,(without any lights on.) As far as i know a cop needs to have at least their parking lights on. could i get him on film and turn him in? what would happen?
Dear Donnie: No one is above the law, from the President on down. If you witness a crime being committed, it should be reported. As far as telling you what to do in this instance, Askthejudge does not provide legal advice to anyone, adult or teenager, only information about the law.
[This is information only - not legal advice].
My friend was raped about 7 months ago by someone she use to send joking texts to they are going to court in about a week can the messages she use to send be retrived? and or used against her to say that the rape was not a rape at all?
Dear Sarah: It is possible to retrieve text messages. In this case, the person charged with the rape may have the messages saved, and can turn them over to his lawyer to be used in his defense. The issues regarding admissibility of the messages in court are up to the judge to decide and the lawyers to argue for and against. Good luck.
[This is information only - not legal advice].
I was at a stop light the other day and texted a friend back, while the light was still red. When the light turned green, I turned and suposibly “swerved.” I was then pulled over by a police officer who asked if I’d been drinking, I hadn’t. Then asked to see my cell phone, which was next to me. The officer went through my text messages and saw that I had sent a text three minutes before I was pulled over. She wrote me a ticket for texting while driving. Did she have the right to take my phone. The cause of the swerve was obvisouly not from texting because the text was from three min. before.
Dear Amanda: Since you received a ticket, you’ll have a chance to explain what happened in court. Depending on the penalty for texting while driving in your state, you may be assigned a public defender. He or she will go over the facts and the laws that apply regarding searches. This is a developing area of the law – one state [Ohio] recently ruled that the police need a warrant to search a cell phone unless officer safety is an issue. Good luck.
[This is information only - not legal advice].
i was texting in lesson sdo my phone was confiscated during leson. fair enough. but the teacher said pick it up at the end of the day. at the end of the day he said he wants to keep it- i asked if i could take my sim card or battery out so there was no way he could access he he said no. now i left it in state so if any one accessed it i would know. i need to know- what can i say if he did?
Dear Isaac: This is a new and developing area of the law. One of the first court decisions in the country on searching student cell phones came out in December, 2009. The Ohio Supreme Court ruled that the police need a warrant before searching a cell phone, unless officer safety was an issue. In your situation, check the school’s code of conduct [should be in your student handbook] and see what policy exists regarding cell phones. Good luck.
[This is information only - not legal advice].
my girlfriend got caught with cocaine which she ask me to buy the cops told her they will trace her phone and read all her text messages this is in new york can the cops do this?
Dear Anthony: Under New York law they may be able to search the cell phone. They may need a search warrant to do so but once obtained from a court, they’ll be able to read the messages for evidence of criminal activities. Each state has its own laws about searches. Good luck.
[This is information only - not legal advice].
Hi, I live in scotland and I gt pulled over by the police who had just passed me minutes before, he said he pulled me because I didn’t look like I was comfartble with my car? Hmm… Lies! He then searched me and my car with two other policemen and then took my phone and started reading all my texts to see if I had been buying drugs? Is this legal or where they invading my privacy?
Dear Jason: You have to look to the laws of Scotland to see if what the police did was legal. We don’t provide legal advice or opinions on the acts of others – that is what the courts and judicial system is for. Try Googling “Scotland cell phone searches” for further information. Good luck.
[This is information only - not legal advice].
I don’t do this but I was just wondering about sexting? people say they send pictues of themself naked?!?! that’s crazy! Are there people that sit and read texts trying to find stuff like that
Dear Jason: The world is made up of all kinds of people. Thanks for writing.
Hello We ,me and my fiance were at a store trying new clothes on at the store. We always shop for clothes there and when we left the dressing rooms we left the clothes there and then we go to leave store and go to another for some coffee a cop comes up to our car and blows siren and says we stole and I told her say yea we did just to have them not find the weed wich they never found and we had christmas gifts in there still its only january now so whats the big deal to have clothes and other items still in the car so anyway they said I took jeans and never and then they she changed and we said yes. She changed in parking lot and those were stolen to and we said ok your rite out of spite and to keep them from finding weed.They were old but anyway they arrested us and towed the car. At the station the cop brought in my old coat he tore open for nothing and a internet phone and some clothes I had in the car.Well out of the all the clothes there the store said only two pairs were there brand but not the ones that were missing and her pair wasnt theres but the charged me with two pairs wich were mine along with other clothes wich the cop gave me back now there all new and store sales that brand hmmmm then took her jeans wich never came from there store at all and charged her with that I thought the law was here to protect you. Then he went through her purse looking for anything he could find then found flash drive cards I told him they have nothing to do with him and there were he didnt want to see what was on there none of his buisness then he said nude pics I said yes then he pluged it in and saved pics looked through all of them with the guys from the store there and other cops were looking and grinning isnt that against the law to do that?
I need some advice they never found weed witch would have been worse but I let them beleive we stole to get out of them finding it when we never and no pics or real evidence to show either way!
Dear Waku: If you have been charged with a crime, you’ll have a chance when you go to court to explain exactly what happened to your lawyer and/or the court. Your lawyer will look into the facts and police actions to see that they followed the law in searching you and your phone. If mistakes were made, he or she will protect your rights and attempt to have illegally obtained evidence excluded from the case. Good luck.
[This is information only - not legal advice].
I live in bryan texas my brother was arrested for avaiding arrest for just being at a school after school hours. The cops got him and started to search the vehicle for weapons with is stupid they just wanted to find reasons for just tresspassing. So they took my brothers phone which is mine under my name and the are keeping it and wont give it back. Can i get the phone back and possible sue the cops.Also my brother told me that they were reading his text and i went to this website and saw that the needed a warrant to look at the phone and keeping it
Dear Samuel: Whether the police can search a cell phone (look at text messages, etc.) without a warrant is a new and developing area of the law. The first state supreme court to rule on this issue came out of Ohio and said that the police cannot search a phone without a warrant unless there are concerns for the officer’s safety. However, the laws vary in every state. The police can hold onto any “evidence” until the case is over. If the cell phone is being considered evidence, then you may have to wait until your brother’s case is resolved. If you brother has an attorney, talk to him/her about wanting to get your phone back. You can also try calling either the police department or the prosecutor’s office and ask if they would return the phone to you. Good luck.
[This is information only - not legal advice.]
how can they arest you on friday then have court on monday when I cant get a public defender?
Dear Waka: Every state and county has its own rules and laws concerning first appearances in court (after an arrest has been made) and the appointment of counsel. Depending on the offense committed and whether the person charged is “indigent” (can’t afford to hire an attorney), the court will decide if a public defender will be appointed. This typically occurs during the first court appearance and not at the time of arrest. Even though a person is entitled to have their lawyer present during any questioning after an arrest has been made, if they don’t already have an attorney, they usually have to wait until their first court appearance.
[This is information only - not legal advice.]
My friend was texting a drug dealer and the dealer got arrested and the cops confiscated their phone..can my friend get in trouble for what the texts say..we live in nj
Dear John: It depends on what your friend said and even more important, what he did. If there’s evidence that he committed a crime, he may be charged. The text messages may be used as evidence against him depending on local laws and rules of evidence. Good luck.
[This is information only - not legal advice].
Recently, a search warrant was obtained, and my friends house raided on suspicion of hard drug harboring, however, upon searching they did not find anything and swat was misinformed, only finding a small marijuana grow operation within script limits. However, during the search warrant ( which did not say cell phones ) . the defendants phone was taken, in the phone, incriminating text messages are sent from other numbers to the phone seized, is that information from the other numbers obtainable and probable cause to issue a search warrant for the incoming numbers or only for the seized property and its defendant ? Basically, if you friend gets busted and his phone taken, and you have sent him incriminating messages about your activites, can it come back to you legally?
Dear Josh: The police gather pieces of the puzzle and when the picture is complete or close enough to complete to support a search warrant, they’ll act on it. In the situation you describe, they may continue to gather evidence of criminal activity that may be used in court. A lot depends on the laws and rules of court in your jurisdiction. Regarding cell phones and text messages, this is a new and developing area of the law. Good luck.
[This is information only - not legal advice].
My daughter left her cell phone at her place of employement. This is NOT an employee paid cell phone but her personal cell phone. The manager read every one of her messages (which was taped by the security camera). When she went to pick it up the manager didnt say anything but has told other workers she read all her messges. some of the text messages mention buying weed. What should she do?
Dear O F: We do not provide anyone, adult or teenager, with legal advice. Askthejudge is an information site for teens about laws. Your daughter may want to check with the owner of the company or human resources if it’s a big company regarding cell phone policies. In the future, she should think before she clicks or posts a message. Nothing is private in the digital world, regardless of privacy settings. Messages and photos can always be retrieved and sent on for worldwide viewing. All the best.
[This is information only - not legal advice].
Can a police officer that is arresting someone take away my phone for taking pictures of what was happening?
Dear Adrian: The answer to your question depends on the laws of your state, the policies of the police department and the reason your phone was seized. It’s possible that your phone was seized as “evidence” especially if you captured some act that was the reason for the arrest. You could try contacting the police department and request your phone back and/or how to go about getting it returned. You could also contact a local civil rights or criminal law attorney who would be more familiar with your state law and the policies of the local police department. Many attorneys offer a free initial consultation. Good luck.
[This is information only - not legal advice.]
i hav a question from school. If u get pulled over, is a cop allowed to take your fone and see the text messages in nyc?
Dear Mayer: Whether the police can take your cell phone and search it depends on the circumstances at the time of the incident. If there’s reasonable cause to believe a crime has been or is being committed, they may take the phone as evidence. Otherwise they may obtain a search warrant to justify seizing and searching the phone. Your local and state laws have to be looked at in this new area of the law. Good luck.
[This is information only - not legal advice].
My friend’s phone was taken up by a police officer and got onto his email from his phone and sent pictures from his email to himself is this legal?
Dear Taco: The law of search and seizure under the Fourth Amendment is developing as we speak. This new category including electronic devices is under study across the country. You have to look to your local and state laws to see what law enforcement is authorized to do regarding cell phones. Generally, if there is reasonable suspicion that a crime has been or will be committed, a search of a phone may be allowed. If a search warrant is issued, the phone may be searched and evidence seized. Whether this officer complied with the rules governing search and seizure depends on the exact circumstances of the incident. Good luck.
[This is information only - not legal advice].
During a search warrent, can the police take everyones phone? The police had a search warrent for my roommates place for possession of cocaine. A “no knock entry”. They took everyones phones. I am just a roommate. I didnt even know what was going on because I was never around. They took my phone also, but its not even in my name. I am just her roommate and my name isnt even on the lease (but the landlord knows about me) Can the police legally take my phone? Also can they stay past the search warrent time? The ending time was 12:30, but they were still at our place at 1:30.
Dear Megan: What the police may do in executing a search warrant depends on the local laws that apply and the exact language and scope of the warrant. If cell phones in the residence searched are included in the warrant as possible evidence of criminal activity, their seizure may be permissible. You also have to look to your local rules regarding the time and length of executing a warrant. Good luck.
[This is information only - not legal advice].