Ok so the cops accidentally stumbled upon my humble abode last week. They found under an oz, digis, grinder, money, bags, etc. Now, they also took me and my roommates cell phones in order to "help build evidence in the case", and they did have drug related texts in them. First off, are they allowed to do this? and if so, are they obliged to keep my phone for a long period of time? Finally, should i try and get the phone back under a work related pretense (like i need it for work), or should i just chick it and buy a new phone/ sim card and get all my numbers back?

thx for any help!!

This really depends on the laws in your area. Some states they are allowed to keep evidence for up to 6mo after investigation and others they are required to return it in less time. In many cases, if they have probable cause they are allowed to confiscate your phone/computer/related things.

Just curious, how did they 'accidentally' stumble across your home?

There are a few things you can do to keep yourself safe, the obvious one is stop selling if you are (unrealistic, yah I know). Others are purchase something like a blackberry (you can get used for $60 on craigslist) which has password protection and encryption. Like if I type my password in wrong 10x it'll wipe my phone, additionally everything is encrypted regardless.

You can also find additional tools that will encrypt your laptop/computer/etc for free via various opensource utilities. Most are easy to setup and use.

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well I live in OK, so im sure they have "the right" to keep it as long as they please. And let me tell you, it is a long ass story. basically my roommate brought the cops back 2 our house, and when they busted in they found everything. And then like dumbasses we signed a warrant, just hoping cooperation would help us out. Prolly worst 2 hour span of decision making I have ever been a part of.

lol yea .............. took them back to your house, heres a hint DONT EVER I MEAN EVER SPEAK TO LAW ENFORCEMENT...........if you noticed im sure they did not read you your meranda rights...they dont do that anymore..... only on t.v. it is your right to remain silent, wich means not signing any legal documents .....like search warrants.. let this experience be a lesson to you, some times lifes best lessons are the ones hardest learned. yea and i doubt youll get you phone back. Buy a lawyer .... and rember you get what you pay for in legal matters.

To anyone that does get a blackberry, they have a feature for remote wipe that can be used.
But think very carefully, or consult with a lawyer before using it if the device has been seized.
If it has been taken into evidence, then a wipe would likely be considered destroying evidence.
Additionally, SMS messages don't just disappear. Once the police have your phone number they can get the history of your SMS messages from your cell provider. Leaving the messages on the phone just saves them some paperwork.

On the other hand if you just lose it and want to get rid of the data to prevent other people having access to your contact list, etc. the remote wipe is great.

I found a blackberry a couple of years ago, and while I was phoning the guys family contacts to let them know I found it, it wiped itself. Good thing he didn't wipe it until after I found his wife's work number

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Yea man, they can pretty much take anything they want if they consider it evidence. Never use texts. Erase your shit daily. Recent calls, texts, outgoing, incoming...all of it.

thats a trip...never let the police get ur phone..i would swallow my sim card before then lol

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why did roomate bring cops back??? and u should warn your customers and your dealers..

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Texts and emails are what will kill you in court. In most cases, depending on your provider and how much data you have moved via text, the texts will remain with your carrier for anywhere from a day up to six months. There was a big privacy rights to do about all this recently in the news and I never really saw anything on it being resolved...figures. Anyhow, they will want the phone for proving intent to distribute, unfortunately. The bags, scale, money, grinder all paraphernalia for certain, but not a slam dunk for a prosecutor for intent to sell. However, texts (pending what they say) are used regularly to show this. Again, depending on what phone situation you had, that phone might not even be yours...legally speaking, if purchase in your name, name on acct, etc., well that defense is out of the question. Your best bet is consulting an attorney, who almost positively can get rid of the intent to sell charge , especially if you had only an ounce on you. Also, possession of around that amount and the extra goodies will probably most likely be resolved in a non-jail manner, ie pretrial diversion including substance abuse counseling, probation, etc. See what you can do through that route.