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

Related Topics:
2 Lawyer Answers
Penny Wymyczak-White
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

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

John Cucci Jr. agrees with this answer

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Houston, TX

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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.