Are you positive about that? What if they "thought" they saw a gun in your car or smelled dope? Also, don't assume you are always near a major metropolitan area.
Originally Posted by gnadfly
My previous post assumed that it was an illegal search. If you don't have drugs or a gun, but the cop just takes your phone and searches it, that is an illegal search.
So, if he finds a text about controlled substances or a picture of a child, the evidence cannot be used against you.
They have your phone. It's up to you to get it back. You could refuse to surrender it. What they are searching for may be irrelevant. Again, they may let you on your way, they may haul you in for additional questioning. I believe we are saying much the same things. I agree you should stand up for what you believe is right. I'm just pointing out the reality of a possible situation.
Originally Posted by gnadfly
Well, anything is possible, but...
A cop can't take your phone unless he is arresting you. So, if he lets you "on your way" but takes your phone, then HE is committing theft. Call another cop and charge the first cop with theft. Then it is up to him to prove he didn't take it or had a reason to take it.
If they haul you in for questioning but release you, then they have to give you back your property.
If the cops find $50,000 in cash on you, they can seize it on the premise that they suspect you are a drug dealer and the cash is crime proceeds - even if they have no other evidence. Civil forfeiture and all that. Now you have to fight to get your cash back.
But how do they do that for a $150 smartphone - with no other evidence of a crime?
I just don't think you will have a hard time getting your phone back - if it ever got taken in the first place. And it is is a GREAT basis for a lawsuit against abusive cops.
