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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111450
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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can you be arrested for messages in the form of a text ,drug

Customer Question

can you be arrested for messages in the form of a text ,drug activity ,on a cell phone taken
by police
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The courts have ruled that in order for the police to examine your cell phone data, they require a search warrant. If the police do get a search warrant for your phone, the text messages of the nature you described would be only evidence, but not sufficient to charge anyone or convict them as they would need to find some actual drugs to connect to the owner of the phone to prove that they were actually engaged in the drug trade or trafficking as it is not illegal to just talk about drugs, it is illegal to possess and/or sell drugs.



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