can they take cell phone with no probable cause?

Question

friday august 20th i was at my cousins house when her ex boyfriend broke in and beat her up and took off. after the cannon cop arrived then a few goodhue deputy sheriffs came, i was sitting in the house playin with the baby well my cousin was outside giving her statement, when the deputy found out who i was he all off a sudden came into the house and asked me bout my relationship with the assoulter, after i told him that he is a friend he then came over and asked to see my cell phone, and i asked for what, he says well i think you have been texting him telling him we are lookin for him, and so he grabs phone out of my hands and tells me to unlock it, and i told him not without a search warrant. so he takes my phone and i was told it was in evidence untill they got a search warrant and then when they see that i was texting him, they were then gonna charge me with obstruction.
k well then i was looking at my phone records a few days after and find out that 5min. after he took my phone he had it forwarded to a different number, and there was calls or some activity of some sort being made,. its a week later and havent heard anything and i feel like my rights were violated! if this was legal then fine ill leave it alone, but i am contacting a lawyer and from what others have told me was they can not take, specially with no probable cause. but really i just want my phone back.

Florida Lawyer · Accepted Answer

Guys and Gals: Do you all really think that a mere suspicion ( at least the facts given here by the poster), is the same as a reasonable suspicion. I think the post 911 generation has no idea what rights they have under the Constitution because we are starting to think the Patriot Act has usurped the US Constitution is has not (yet). This seizure was a violation of the Constitution plain and simple on the facts given.  The cops did not have any way of knowing that the poster was using it to help a friend evade the police that was pure speculation and that not enough ( they need to have a reasonable articulation suspicion).   Further, speech and "text" is protected under the Constitution so unless they show it was"unprotected speech" he had a right to talk unless it was putting someone in imminent danger (but it was stupid and now you know why). If he was interfering with police capture of the alleged Felon they could stop the cell use, (stop it, not take it) they need a warrant to 1.) search telephone, they need a warrant to 2.) tap it for incoming calls including VM. 3.) they need a warrant to hack into it and change the number.  The telephone was not evidence in any crime so seizure was suspect for that purpose. The cops cannot allege a fact based on an unfounded suspicion and take your telephone. Police power does not mean police can do whatever they want too guys and personally I do not want to live in that country where they can. 

The constitution protects us all from unreasonable searches and seizures. This was not a reasonable search this seizure was based on a mere suspicion, not a reasonable one. This act of police power was not reasonable under the circumstances. All the information in your cell telephone is subject to a reasonable belief it is private especially when you lock it, to unlock it the State needs a warrant any thing in the cell is thus fruits of the poisonous tree and would be suppressed from use
 against you. You need to file a writ of Replevin in Circuit Court to get it back.

Regina · Answer

1

? · Answer

Some municipalities and states have laws against talking on cell phones and driving or texting and driving. Certain driver behavior and visually seeing someone with a phone in hand while driving is probable cause. The device can prove cell phone usage times.

Mutt · Answer

What I find really amazing is that you asked a question in the Cell Phone forum about a week ago (which would have been on or shortly after Aug. 20th) about how to delete text messages from a phone you don't have (http://answers.yahoo.com/question/index;_ylt=AkEEA0mPtqgogPINV6dJ3hzsy6IX;_ylv=3?qid=20110820075332AAUo3Bv ).

I'm curious why you would want to delete any messages if you are not doing anything wrong?

silky1 · Answer

They had probable case to enter the phone as evidence in an ongoing case. That's why he took possession of it. Yes legal.

can they take cell phone with no probable cause?

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