Arrest, Search, Seizure, Warrant Cell phone photos and txt being used aginst me.

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Bigblockblair

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Ok, late September in Dallas County Missouri, I got pulled over at a convenience store by local police department and Hickory County sheriff's deputies. The local police officer instructed me out of my truck as the Hickory deputies approached me stating they had me and insisted on me telling them about all the stolen property in this storage unit in Dallas county. I replied that they are mistaken and I have nothing to say to them as they started to rummage through the bed of my truck. At that moment the Dallas county police officer asked me if he could search my vehicle. I replied no that I didn't give consent for search. The Dallas county officer informed me that I was being detained, cuffed me and placed me in the squad car, as I am watching one Hickory deputy looking through the box of my truck and the other deputy inside the passengers side of my truck looking through the glove compartment and center console where he located my cell phone. He took the phone and searched through my girlfriends purse taking her cell phone as well. So all that was found and seized at that point were cell phones and we were both transported to jail on a 24 hr hold. Apparently there were photos and or texts the Hickory deputies found on these cell phones which resulted in four felony charges against me. While I was locked up trying to make bail on all these charges, my cell phone bill history shows they were texting one of my contacts that is now a states witness against me and checking my email/social media sites and I guess what ever else they wanted to snoop in. Til this day they still have my phone and refuse to return it insisting it is evidence. From the beginning, I believe this search and seizure without a warrant on both the truck, and cell phones were illegal. Any help would be greatly appreciated since my court appointed attorney has not given me an answer to this question. Thank you for your time.
 
Sorry, we don't represent posters.
We discuss simple legal issues.
You should hire an attorney in your area, or a larger city in MO ( as in St. Louis, Springfield, Kansas City, etc...).
You can also visit the legal clinics at some MO law schools to see if you can pique the interest of a professor or an eager, beaver 3L.
If you arrange an appointment to discuss an "urgent, confidential" matter with your public defender, it might prove productive.
If you couch your request in mystery, it generally gets attention.
Good luck...
 
I have done a little research and came up with California v Riley. Now this is very interesting. This is the information I was looking for. Im just wondering if you are aware of this new law passed by the US Supreme Court? Law enforcement is required to have a search warrant if they want to look in that phone.
 
It was Riley v California. You need a lawyer - you can bring the case up with your lawyer.
 
I have done a little research and came up with California v Riley. Now this is very interesting. This is the information I was looking for. Im just wondering if you are aware of this new law passed by the US Supreme Court? Law enforcement is required to have a search warrant if they want to look in that phone.


There are things you know, and things they know that you don't yet know.
All that to say, it's very likely that one of your trusted associates snitched you out.
These searches don't occur out of the blue.
You probably have been under surveillance for weeks.
That real friendly guy or pretty lady might not be who or what they claim to be.
He or she is likely an undercover operative or a confidential informant.
I've seen this movie many times.
You're thinking random stop and search.
They've planned this serial day for two or three weeks.
What makes an old dummy like me think I know it was planned?
Well, the precision with which they took you down, the extra officers ready and immediately on the scene, the cooperation and coordination they used to take you down with law enforcement officers representing several agencies all there to get you.
Yeah, that didn't happen by accident, especially the officers coming from more than one county.
They also knew exactly where to look to find the goodies they think will take you down.
The way the searched anyway, after you said no.
So, it's best to stop talking, stop whatever it was you may have been doing, and always stand on your right to remain silent.

You should sever all ties while this is pending.
There's a snitch in your camp, boss.

Request a public defender, or see if you can hire your own lawyer.
 
They did not just pull you over for shitz n giggles, accusing you of stealing these items. The prior knowledge would be good for the search. Obviously the evidence was where they expected it. They examined the phone for the evidence, discovered it was there, then confiscated the phones so you could not delete the evidence. You should easily be able to convert profits from your business enterprise to gain the services of an attorney. With 4 felonies, you won't need a DL when you get out. Cars will drive themselves.
 
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