Can a police officer seize a cell phone during an arrest for possession of a 1/2 ounce of marijuana?

UPDATED: Jul 21, 2013

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Can a police officer seize a cell phone during an arrest for possession of a 1/2 ounce of marijuana?

Asked on July 21, 2013 under Criminal Law, Iowa


Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 9 years ago | Contributor

As a general rule, the police can seize anything related to the commission of a crime, for the purposes of collecting evidence. Without more information, I do not see the relationship between possession of marijuana and a cell phone. So my guess would be no. But then again, I don't have much information about the arrest and all of the circumstances.

Robert J. Johnston


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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