Can a police officer text from my confiscated phone pretending to me in order to tricking my riends into buying drugs?

UPDATED: Dec 12, 2011

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Can a police officer text from my confiscated phone pretending to me in order to tricking my riends into buying drugs?

My friend is on house arrest and his cell phone was taken away from him by his probation officer.

Asked on December 12, 2011 under Criminal Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you have written happens quite frequently where law enforcement on a confiscated cell phone will text people to see if the recipient of the text is willing to purchase illegal drugs. The issue is that if the law enforcement officer makes an arrest as a result, a typical defense is entrapment by the accused.

The counter by law enforcement is that the accused who responded to the text and ultimately tried to make the purchase had the intent to purchase the illegal drugs and had no justifiable expectation of privacy when he or she received the text inquiring about the desire to purchase contraband.

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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