still waiting

[leedsman7]

What is the name of your state (only U.S. law)? California

Its been over 6 weeks since my brother was questioned and released by police in a mall after someone said he was taking pictures.
The pictures were in public, nothing illegal, of womens legs, no obscene or upskirting. Police questioned him, looked through his phone,
went to his car and searched that also without any warrants or court orders.
He was so embarassed that he did not say anything and was released by police, but they kept his phone for further investigation.
He called his lawyer and she said if police call not to answer any questions, but after getting free legal advice on the internet , all different lawyers say
different things to invasion of privacy, lewd conduct. public disturbance, others say if it was in a public place there is nothing wrong.
Other say District attorney takes time to look at cases and could issue warrant for arrest.

Has anyone ever encountered this or know anything about the law on this

 

[OHRoadwarrior]

It appears he was being investigated for suspicious activities. He will likely never hear about it again. I suggest he not take pictures of public areas that could be misconstrued as a potential robbery, kidnapping or other acts in the planning.

 

[xylene]

What is the name of your state (only U.S. law)? California

Its been over 6 weeks since my brother was questioned and released by police in a mall after someone said he was taking pictures.
The pictures were in public, nothing illegal, of womens legs, no obscene or upskirting. Police questioned him, looked through his phone,
went to his car and searched that also without any warrants or court orders.
He was so embarassed that he did not say anything and was released by police, but they kept his phone for further investigation.
He called his lawyer and she said if police call not to answer any questions, but after getting free legal advice on the internet , all different lawyers say
different things to invasion of privacy, lewd conduct. public disturbance, others say if it was in a public place there is nothing wrong.
Other say District attorney takes time to look at cases and could issue warrant for arrest.

Has anyone ever encountered this or know anything about the law on this

Your brother needs to see a shrink for his sexual paraphelia.

He should consider the seizure of his phone a small tax/fine/lesson.

 

[davew128]

At some point he should be allowed to retrieve his phone. It takes all of 5 minutes to go through a phone looking for incriminating evidence. If they haven't found any they should return the phone. PERIOD.