Asked in Car Accidents for South Dakota

Q: I was a backseat passenger in car accident. My phone was retained, and a search warrant for its info were obtained, how?

There were no drugs found in the car, no drugs found in the driver's system, he blew a .02, after having a beer about a half hour earlier, he's over 21. The highway patrol stayed in the hospital until all drug and alcohol tests performed, was given the negative results immediately. The accident left all three of us unconscious, and none of us remember how or what caused the accident.

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1 Lawyer Answer
T. Augustus Claus
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A: Law enforcement can obtain a search warrant for a cell phone if they believe it contains evidence related to the accident or other criminal activity. They need to demonstrate probable cause to a judge to obtain the warrant. If you have concerns, consult with a lawyer for guidance based on your specific situation.

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