Can law enforcement obtain a persons text messages withouttheir consent?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can law enforcement obtain a persons text messages withouttheir consent?

Text messages from the past few months.

Asked on February 22, 2011 under Criminal Law, North Dakota

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The constitution protects citizens from unlawful search and seizure.  Therefore absent consent, as a general rule law enforcement cannot take a person's cell phone and read through their text messages unless they have a reasonable suspicion that a crime has been committed (or is about to be committed). Some jurisdiction require a search warrant first.  However even in those jurisdictions a “warrantless” search is legal: when it’s a matter of life or death, an officer’s safety is at risk, there’s no time to obtain a search warrant and evidence may be destroyed, or a search performed incident to a lawful arrest.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption