Arrest, Search, Seizure, Warrant Post Conviction Relief

[Heyya]

1. While being questioned by police, one officer asked for my cell phone. I was being compliant and took it out of my pocket and handed it over. I was questioned for several (4)l hours, not given any rights nor told I don't have to answer questions. At that time I was not under arrest. They searched my text messages and facebook to find other evidence which led to a lead of another crime is which I was convicted. It this illegal (unreasonable) search and seizure? Is there a constitutional problem? Eventually, I was convicted of two incidents the one in which I was being questioned and the one from the cell phone search. The cell phone information was not brought up in court. Would I be able to use this as a legal ground in the PCR?

 

[army judge]

Sorry, you consented to the search. You should never speak the police, allow yourself to be questioned, all you needed to do was INVOKE.
You know how the game is played.
You assisted in your conviction. Had you simply said, I WANT A LAWYER. The ordeal would have stopped.

 

[mightymoose]

I think your consent was questionable at best. That is hard to address without knowing exactly what was said and how it happened.

That said, you seem to be saying the information from the phone was not used against you. You have also already been convicted and your opportunity to make this argument may have already passed.