Graham, TX asked in Criminal Law and Civil Rights for Texas

Q: Can a cell phone be seized if it does not belong to a person whom was arrested or related to arrest

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2 Lawyer Answers

A: It depends if the phone was in the possession of the at time of the arrest.

John Cucci Jr. agrees with this answer

A: Any item has the potential of getting seized. The circumstances and facts surrounding the seizure matter. If it was part of an arrest or part of an inventory are very different facts but, each can result in a seizure. What's more, is that the contents of the cell phone have a lot of protection. That is a whole other issue.

I hope this helps.

Good Luck!

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