LEGAL ADVICE: My sisters personal property is being held from her.?

My sister was in a car accident the other day and the salvage yard found her phone in the car and turned it into the police department The police went through her phone and it had some personal pics on it, not to mention a picture of marijuana. Did tho officer have a right to go through her pics. Now he wont give it back he's saying its evidence. isn't that invasion of privacy? Doesn't he need probable cause to look at her pictures? She was not driving someone else was, she was a passenger.LEGAL ADVICE: My sisters personal property is being held from her.?
It is not invasion of privacy. The telephone was turned in to the police by a civilian; therefore they have the right and ability to go through it. Probable cause would only be required if the officer took the phone away from your sister.





Likewise, if your sister was dumb enough to take pictures of drugs or paraphernalia and turn the film in to be developed an employee developing the pictures could call the police. No need for probable cause if the evidence is simply handed over to the officer.





To reiterate: There is no expectation of privacy when you lose something - be it your telephone, backpack, purse, etc. If you lose it someone else can look through it. If there is anything incriminating found, you can be busted.LEGAL ADVICE: My sisters personal property is being held from her.?
'evidence' of what?


Is she being charged with a crime?





If not, the police lacked probable cause to even turn the phone on.


If possessing a cell phone was probable cause for search and seizure, then everyone would be subject to the same search.





Just because the phone is in their possession, doesn't absolve them of searching your property without probable cause and/or a warrant.





File a complaint and talk to a lawyer.





There was no cause to look at anything on the phone as it was already established who the phone belonged to.





So, a picture of pot is evidence of a crime?!


What if she had a movie on her phone that was a murder mystery? Would that be evidence she was involved in a murder?
I'm assuming he had probable cause to look at the phone, which means he can keep the phone, and all the pictures, text messages, and phone numbers in it as evidence.
Just get a new phone.





Also, I knida think it WAS NOT the cops that went through the phone, but the salvage yard workers.


Y'know. For porns.
It`s still probable cause as the officer did not know whose phone it was and evidents was found.
not really, it wasnt illegal for him to look at it, they will always say they had probable cause.
Probable cause is a thing of the past.