iPhone taken by police

iPhone taken by police

Posted in the ACLU Forum

Concerned

Forest, VA

#1 Aug 17, 2013
I was recent arrested by the police on accusations stemming from an awful relationship that I was in. The charges are assault and battery from almost a year ago and another of the same charge two weeks ago before time of arrest.
However they took my phone while at the jail and said they were taking it for evidence, to establish how often we argued and awful things that were said to each other. However I am not charged with abusive language.
The phone battery died while I was with them so when they took it the power had no power. Can they really just pull every text message I have ever sent the four years that we had been together? I don't know how long texts are stored on the phone I constantly clear out texts because of the nature of the arguments I would never want anyone to see them, because there's no denining that we both let anger get the best of us so I am not the only one that said stuff. Anyways just wondering if anyone had dealings with phones being seized and how long they were able to go back and get texts that were deleted, as well if a search warrant could really be obtained for the sole reason of seeing how often we argued?

“I am the great an powerful Ny!”

Since: Dec 06

Lebanon, PA

#2 Aug 19, 2013
You should really consult a lawyer, not web forums. From what you described above I would have to say that yes they can go through your phone as you are involved in the charges. If you were an innocent bystander then it would be a totally different issue.

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