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KJL LAW, Lawyer
Category: Legal
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Experience:  Attorney at law Office of KJLLAW
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Is it legal sheriff deputy to confiscate my cell phone

Customer Question

Is it legal for a sheriff deputy to confiscate my cell phone without a search warrant?
Submitted: 4 months ago.
Category: Legal
Expert:  KJL LAW replied 4 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

If a person is arrested, then the police can search the arrestee's person, as specified under the Search Incident to Lawful Arrest doctrine, by patting down in a search for weapons, drugs or other incriminating evidence. They can also seize a cellphone (or tablet or laptop) and hold onto that device as part of the arrest, until the DA conducts their investigation and decides on charges. However, the police cannot access that cellphone and the data on it, without obtaining a search warrant after the arrest.

It doesn't matter whether the phone is protected by a passcode or lock screen.

I hope this helps with your question.

Expert:  KJL LAW replied 4 months ago.

if you have any other questions, just ask. If not please rate the question for credit and tracking. If you don't rate the question, I will not get credit for my work.

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