I was pulled over, can my parole officer take and keep my phone, as well as text my contacts?

Q: My ex husband was pulled over (they were waiting for him so his parole officer was present) and he was taken into custody for a parole violation. His parole officer took his phone from his truck, and after taking his phone, proceeded to contact people in his phone pretending he was my ex husband (my ex husband's parole case was drug related, so they were trying to "catch" him by contacting people in his phone). My ex husband is still incarcerated, awaiting his parole hearing, and his parole officer is refusing to turn over his phone, claiming "they are not quite done with it." Is this legal? Is there a way to get the phone back? Thank you!

A: David''s Answer: The parole officer would generally have needed a warrant to access his phone. Thus, any evidence he obtains will potentially be suppressed. You should immediately file an application for a return of the property and/or file a motion before the Judge presiding over the parole hearing for a return of the seized property. For more info, schedule a consult with a Civil Rights lawyer in your area. - David Bliven, Bronx Civil Rights attorney (www.blivenlaw.net)