I overdosed today

I overdosed on herion today and the police took my phone to look for "drug trends". The nurse at the hospital called the station before I left, and they informed her that I may never get my phone back. Can they legally do this? What are my options here? I don't want to lose all my pictures and files :(


Comments


[48 Points] BadWeatherVane:

Call an attorney now. Not tomorrow morning, now.

Depending on the jurisdiction, there are steps that can be taken, but you're going to need representation any second now anyway. The state has seized your property without your consent, and there are things you can do.

But they've already seen any "drug related" texts on your phone.

You are being investigated, so is your dealer. There are probably going to be warrants sworn out tomorrow. Depending on what they find on your phone, they might have PC already.

Stop posting on drug related reddits, wipe incriminating evidence from your hard drives and storage, and destroy any information relating to drugs or Darknet marketplaces, anywhere in your possession or on your property. Every...Thing. Shred or burn anything and everything. Get rid of all your paraphernalia, envelopes, baggies, syringes. Every. Fucking. Thing.

If and when they knock on your door, don't open your mouth to say anything other than, "I want to speak to my attorney."

Good luck. You're going to need it. There might be some interesting times in your immediate future. Approach this as an opportunity to learn something about the criminal justice system. If you don't come out the other side "reformed and rehabilitated," at least it will make you a smarter criminal. That's pretty much what it does best.


[8 Points] AlexSosa1KG:

One thing no one mentioned is: tell your dealer! At least give him a chance to change up his phones/numbers. You're not a very smart/good customer for keeping the texts and NOT keeping a passcode smh. Do what everyone said and get a lawyer, sometimes you just gotta pay for peace of mind.


[3 Points] meatmasterv:

sounds like the might try and get you to flip on someone if you arent the drug dealer


[3 Points] thenine9:

emergency calls are probable cause for search + seizure. if you aren't charged with a crime, you'll get it back.

sounds like they just want your dealers name and these are offline cops. tell them that you got them from someone you don't know, and let your dealer know what happen (they should be changing up their numbers frequently in any case).

the cops are just pushing you around to try and get you to help them make a case against someone. street smart people say nothing, tell them they scored on the street and demand their phone back because you haven't been charged and didn't do anything illegal.


[1 Points] galaxyandspace:

  1. Why is your phone not locked with a password?
  2. Why is your phone not encrypted?
  3. Legality of this depends on where you live. Call your lawyer. Don't have one? Get one. You phone is your possession. Fight for it back.
  4. What was your legal status in the hospital? Where you suicidal or petitioned? Legal status with the police?
  5. Learn from this experience. Lock and encrypt and back up data. Can do wonders for your personal security, and the security of those around you, and keeping pics.


[1 Points] galaxyandspace:

Oh, one more thing! If you have remote access to your phone (many androids and iPhones have this) you can lock it and maybe power it down, and wipe it if you want to!

http://www.apple.com/icloud/find-my-iphone.html

https://www.google.com/android/devicemanager (sign it with the main Google account used by your phone)

All of the above + all of /u/badweathervane 's advice is how to proceed.


[1 Points] None:

You know, I don't have a problem with LE and may be in the minority here for actually respecting them and our justice system, but the fact that the hospital got them involved really kind of pisses me off. Shit like this discourages people who need emergency care from getting it.


[1 Points] twigburst:

http://www.nbcnews.com/news/us-news/supreme-court-takes-police-power-search-cell-phones-n90046 Keep yourself updates on that case, it might potentially be important to your situation.


[1 Points] someone-who-is-me:

You may want to x-post this to /r/opiates. You may get some good feedback there from someone that's been through a similar experience.


[1 Points] notAsked:

This is actually being argued b/f the supreme court, but too late for you:( If it's just a simple overdose, you'll probably get your phone back. If they find a lot of drug activity (possible sales, distribution etc), you'll be questioned further and it can be retained as evidence. Get an attorney immeidately, and don't speak to the police without one. Unless you are at major risk, I wouldn't reccomend remotely locking or wiping your phone data. It's probably too late anyway, and could get you into more trouble


[1 Points] L3T:

argh you'll be fine. the cops wont care for your computer and posts and shit. they have wayyyy too much techy work going on on bigger cases of fraud, money laundering, child pron investigations.

You wont even get charged. You are a victim, an addict who needs help. The only reason they took your phone is to cross match phone numbers into their database to look for a quick/easy 'catch'. The dealer has done you harm and thats the only purp they may be interested in. Thats what happened in the Philip Seymour Hoffman case anyway.

The most work the cops will do into looking into your involvement, is ask you straight out whether you have a street dealer or whether you used the internet etc. They are all aware that silk road-like shipments are overtaking street level crime, and drug stats are going crazy in the last 2 years.


[0 Points] meatmasterv:

im pretty sure that means you are under investigation now..are you underage? i thought they could only forcibly take your phone like that if you were. id be a little worried if i was you. was there a lot of incriminating evidence on it?and not to jump down your throat as i do not know the situation, but moderation is key!!!!