Can the cops go through my phone to charge me?

UPDATED: Aug 5, 2012

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Can the cops go through my phone to charge me?

was arrested for possesion of a controlled substance. I had my phone in my pocket and the police took it from me while I was in handcuffs. They then used my text messages to raise my charge to possesion of a controlled substance with intent to sell.

Asked on August 5, 2012 under Criminal Law, Texas


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 10 years ago | Contributor

The police should have gotten a search warrant to search your phone prior to the search. The issue will be whether or not you have a reasonable expectation of privacy with your text messages on a cell phone which will require the police to obtain a search warrant first. A recent federal decision allowed the police to search a cell phone to find the registered phone number of the phone by searching through it, but limited the search to a search for the phone's registered number only, not all of its text messages. Have a criminal defense attorney challenge the grounds of this search to have that evidence against you dismissed.

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 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.

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