Can officers text message contacts in cell phone to charge you with a crime?

DETAILS

Officers executing search warrent for my fiance used my cell phone to txt message contacts in my phone and asked to buy drugs. When a contact responded and came to the home officers then placed her under arrest unless she said who she was coming to by drugs from. At that time she named me as defendent and was let go. I wasnt the one using the cell phone though. The officer was texting people from my phone while executing a search warrent for my fiance. Needless to say I now am charged as well for selling drugs. Does this even sound legal?

ANSWER

This sounds completely unconstitutional. If the search warrant was limited in scope to your fiancé’s residence and the warrant did not cover your cell phone, there is a major legal issue to be resolved.

It will all depend on the specific facts of your case, the information contained in discovery, and the diligence of an experienced attorney.