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no1uno_57

Warrant needed to search cell phone?

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My son was arrested for drug charges on a Nov 26th and has been sitting in jail for almost 2 weeks now. Shortly afterwards, he was seen online on his FaceBook at different intervals during the next 3 days. One friend sent a video chat to his messenger and it was answered by an officer. When my son finally got all his court papers, there was a warrant to search his phone dated

Nov 30th, 4 days after they had already been thru it. Is this legal?

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44 minutes ago, no1uno_57 said:

Is this legal?

 

As far as I can tell, "this" could refer to at least six different things, but nothing in your post strikes me as being potentially illegal.  Obviously, this is something your son should be discussing with his defense attorney.

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12 hours ago, no1uno_57 said:

That's another thing tho, he was assigned to the public defender who happens to be on vacation. So he's had no access to a lawyer.

There will be plenty of time before your son's case will  end in either a trial or plea bargain with the DA,so don't worry about that part.He will be able to consult with his Attorney in time enough to present the case before the Judge.

As far as law enforcement "legally" having a right to go through your son's phone again,while he was/is still in jail.I'm not sure why,there would be a need for that,since it's obvious he could not have had access to the phone while in jail,and after this second warrant was issued,it should have come to the police's attention,that it was someone else,the officer responded to in your son's messenger account.Did they in fact,search the phone anyway,or do you know?

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