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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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