Can my text messages be seized from my cell phone provider regarding a criminal case in whichI am the accused?

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Can my text messages be seized from my cell phone provider regarding a criminal case in whichI am the accused?

If somebody is accusing me of sexual assault (a false allegation) with no evidence other than a mutual presence at a party, can my text messages for the last 5 months be seized? Also, can I be arrested for “contributing to the delinquency or a minor” for driving someone to a party 5 months ago if I am also a minor.

Asked on August 21, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is a criminal investigation going on concerning you, your text nessages from your cell phone and its history could very well be seized under a search warrant. In fact, text messages are used quite frequently in criminal investigations and trials in that they frequently contain admissions by people detrimental to their interests.

Your text messages for the past several years could be the subject of a search warrant in a criminal investigation against you.

You could be arrested for contributing to a delinquency of a minor for driving someone to a party where you were a minor. The chances of being convicted of such charges are remote because you would have been a minor at the time as well.


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