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  1. #1
    Join Date
    Jun 2014
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    3

    Default Can the Police Answer Your Phone While You're Getting Searched

    My question involves criminal law for the state of: North Carolina
    I was getting my car searched and my friend walked by and saw what was happening and called me while the cop was searching my car and the cop answered my phone and this is the conversation

    Friend: hello is this john
    Cop: yes it is john (that is me)
    Friend: this is not john who is this
    Cop: this is john
    Friend: no it is not. have y'all called his parents yet?
    Cop:yes, why did you call?
    Friend: I was trying to get a ride
    Cop: i don't think he will be giving anyone a ride tonight

    I was wondering if this is legal for a cop to do

  2. #2
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    Only if he gave the potential perp a free ride home in the police car on your behalf.

  3. #3
    Join Date
    Jun 2014
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    3

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    I also need to add that I got a DUI and possession charges if that changes anything

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    Quote Quoting Scotty4
    View Post
    I also need to add that I got a DUI and possession charges if that changes anything
    Probably not.

    What you have to understand is that a cop CAN do a lot of things under a variety of circumstances.

    The only recourse you have is the possibility if getting evidence excluded from your trial if that evidence was obtained illegally.

    It doesn't appear that the use of the phone or the conversation with your friend yielded any evidence that could be used against you so it doesn't matter if the use of the phone was legal or not because it isn't likely to affect the charges of DUI and possession.

    So, while you might be annoyed at it, there's nothing you can do about it.

  5. #5
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    Not anymore, apparently.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    Quote Quoting PADriver13
    View Post
    Not anymore, apparently.
    ANSWERING was not addressed in the USSC ruling - only searching it was. There are other court cases that answer the question of whether an officer can answer a phone. What the answer is for the OP's state of NC, I cannot say.

  7. #7
    Join Date
    Nov 2013
    Location
    Pennsylvania
    Posts
    806

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    I guess that's true. What do those other cases say about an officer answering a phone? I can see no need for a cop to ever answer someone's cell phone*.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can a Cop Answer Your Phone While Getting Searched

    It would be situation specific, and state specific in many instances. There's not really a blanket answer to the matter.

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