Etna, CA asked in Constitutional Law and Criminal Law for California

Q: If police have warrant to search your phone for a particular case and find something else criminal can they do something

A California state agency has a warrant to search your phone for a particular case and they find a photo or a text message that is totaly non relivant to what they are searching for and says or shows you did something iilegal but thats there only evidence of the crime comited. For imstance if they were looking thru “joes” phone for evidence to show he was guilty for a gas station robbery and they ended up finding a text on “Joes” phone that said. “I killed a goose out of hunting season” or a photo of a dead animal that is endanderged or whathave you. Can they charge him for a separate charge or get him just off that little evidence??

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the police are executing a valid warrant to search a person's phone for evidence related to a particular case and they come across evidence of another crime, they may use that evidence to pursue charges against the person for the separate crime.

In your example, if the police found a text message or photo on Joe's phone that suggests he committed a separate crime, such as killing an endangered animal, they may be able to use that evidence to pursue charges against him for that crime. However, the admissibility and strength of the evidence would depend on a number of factors, such as whether the evidence was obtained lawfully and whether it is sufficiently probative to support a conviction.

It is important to note that law enforcement officers are generally required to follow specific procedures and obtain proper authorization, such as a warrant, before conducting a search or seizure. If a person believes that their rights have been violated during a search or seizure, they may be able to challenge the admissibility of any evidence obtained as a result of the search or seizure. It is recommended that you consult with an attorney if you believe your rights may have been violated during a police search or seizure.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: it depends on the exact facts..........however, they probably can.

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.