Can cops take a cell phone out of a car without permission and text people pretending they are you?
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Can cops take a cell phone out of a car without permission and text people pretending they are you?
The cop took the phone from the car and searched the car before a search warrant. They still have the phone.
Asked on April 30, 2009 under Criminal Law, New Mexico
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
A police officer cannot conduct a search of a person property without probable cause. If the officer took the phone without having said probable cause he may be incorrect. As far as having kept the cell phone he is not entitled to do such a thin unless there was an arrest and you belonging were taken into custody.
The Fourth (4th) Amendment to the Constitution of the United States of America prohibits unreasonable searches and seizures by federal law enforcement agents. The Fourteenth (14th) Amendment to the Constitution of the United States of America imposes the 4th Amendment upon the states and to law enforcement agents within the states. Without probable cause the officer had no right to take you phone.
If the officer stopped you searched your car and took you cell phone and than either gave you a ticket or let you go you should definitely call a local attorney.
As far as sending text messages pretending to be you I tend to say again this is not proper procedure but a local attorney can give you a definite answer and help you recover your property.
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