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WI: Officer could answer cellphone that had been lawfully seized

By John Wesley Hall, Jr.

Officer could answer cellphone when defendant had been arrested and the telephone lawfully seized. State v. Carroll, 2008 Wisc. App. LEXIS 840 (October 28, 2008): B. The detective properly answered the incoming cell phone call. P27 The State argues that Belsha was constitutionally permitted to answer Carroll's ringing cell phone. In his brief, Carroll did not address the State's argument, except to reason that because he was not under arrest, Belsha did not have lawful [*15] possession of the cell phone and, therefore, could not answer it. There are no reported decisions in Wisconsin that resolve this question. At oral argument, the State provided additional authority for its assertion that an officer can answer a ringing phone under certain circumstances, citing United States v...continue to full post

Full post as published by Fourth Amendment on October 31, 2008 (boomark / email).