QUESTION
By law, can a police officer or detective take my phone during a probation search if I’m not on probation?
Asked on Mar 03rd, 2013 on Family Law - Texas
More details to this question:
My boyfriend is on probation they came to do a probation search and they seen my phone in his room and took it when they left. It is not stolen it is mine.
4 ANSWERS
Michael J. Breczinski
No they can't. However if he is not supposed to have one and you let him have it, then it may be a different matter.
Answered on Mar 13th, 2013 at 4:53 AM
Geoffrey MacLaren Yaryan
No they can't but since it was in his room I expect they believed it was his. I'm sure you can get it back.
Answered on Mar 05th, 2013 at 2:20 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If it was in his room, the presumption is that the phone was his.
Answered on Mar 05th, 2013 at 2:20 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Phone searches are a new hot item which will be litigated in court. That it was your is a question of fact, the officers do not have to believe you or him. The question is whether they could take it. (If he is not allowed access to the internet and your phone can access it, it could be a probation problem for him.)
Answered on Mar 05th, 2013 at 2:19 PM