If your friend gets busted and his phone taken and you have sent him incriminating messages about your activites, can it come back to you legally?
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If your friend gets busted and his phone taken and you have sent him incriminating messages about your activites, can it come back to you legally?
Someone I know was texting someone about purchasing drugs as he was getting arrested and the cops read the text can they be charged with conspriacy? And can they come get me since he lives with me?
Asked on May 3, 2012 under Criminal Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The authorities may use any evidence they legally obtain--such as pursuant to a search warrant, or taken off someone after a valid arrest--to then prosecute any other person; so if the phone provides evidence that another person was committing a crime, that person could be arrested.
Merely living with a criminal does not, by itself, also subject you to criminal liability. There would have to be evidence that you, too, engaged in a crime. Of course, such evidence could come from, for example, your roommate's testimony, if he tells the police you were involved and is prepared to testify against you, such as in exchange for more lenient treatment.
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