Question about a warrant

[isis297]

What is the name of your state? NY

My best friend and I work together, same company, different locations. She was dating somebody who worked in yet a third location. Since then, he has been fired and they have broken up.

The other day, the new manager of that site, found the work tracfone that had been missing since he was fired that only he used when he was an employee.

When that phone a video was discovered of my friend's breasts. It is from her neck down, but it is obvious that it's her and that she did not take it. The picture is taken from above her as if she were sleeping. It appeared that the video was of his hidden folder on his personal phone and he videoed as he scrolled through the pictures.

The phone was turned over to police, and they set a warrant is being issued for him taking pictures without her consent for personal gratification. Is there not a part of this that should go farther because it was put on a work cellphone and obviously we have no idea if others have come across it and just not said anything, because it made them uncomfortable?

 

[adjusterjack]

s there not a part of this that should go farther because it was put on a work cellphone

No.

He was fired. That's the most that an employer could do for misuse of the phone other than report it if the misuse rose to the level of a criminal act.

He's already being charged with a crime that might or might not include that.

 

[not2cleverRed]

He was fired. That's the most that an employer could do for misuse of the phone other than report it if the misuse rose to the level of a criminal act.

Well, depending on the level of misuse, the employer could try to recoup losses. (I'm thinking costs above the phone plan for work use.)

The employer can give a factual reference.

 

[isis297]

No.

He was fired. That's the most that an employer could do for misuse of the phone other than report it if the misuse rose to the level of a criminal act.

He's already being charged with a crime that might or might not include that.

It's for penal code 250.45. He was fired a year ago for misuse of time... clocking in and not being at work. The phone was just said to be found in the office, but we don't know how many people saw it before that.

 

[zddoodah]

a video was discovered of my friend's breasts. It is from her neck down, but it is obvious that it's her

Not to get too deep into this, but how could it be obvious to anyone who isn't familiar with your friend's breasts (which I assume is virtually nobody)? Also, how is it that you know about this happening?

It appeared that the video was of his hidden folder on his personal phone and he videoed as he scrolled through the pictures.

Huh? First you said this was on a company phone, but now you're saying it was his personal phone??

Is there not a part of this that should go farther because it was put on a work cellphone and obviously we have no idea if others have come across it and just not said anything, because it made them uncomfortable?

Again, huh?

I think your story can better be told as follows: After being fired, John Smith's work phone was reviewed by his former supervisor and/or company IT personnel. When that happened, a video of a woman from the neck down, with exposed breasts, was discovered. The phone and video were turned over to the police who obtained a warrant for John's arrest.

Nothing unusual there, but I have no idea what you're asking. I'm guessing you want to know if your friend might face punishment by your employer. If so, no one here can rule out the possibility, but we obviously have no idea. For starters, it's not clear why you think it's "obvious" that the video depicts your friend. Likewise, we know nothing about your employer's policies, but it would be odd to punish her if, in fact, the video was taken without her knowledge and consent.

 

[isis297]

Not to get too deep into this, but how could it be obvious to anyone who isn't familiar with your friend's breasts (which I assume is virtually nobody)? Also, how is it that you know about this happening?




Huh? First you said this was on a company phone, but now you're saying it was his personal phone??




Again, huh?

I think your story can better be told as follows: After being fired, John Smith's work phone was reviewed by his former supervisor and/or company IT personnel. When that happened, a video of a woman from the neck down, with exposed breasts, was discovered. The phone and video were turned over to the police who obtained a warrant for John's arrest.

Nothing unusual there, but I have no idea what you're asking. I'm guessing you want to know if your friend might face punishment by your employer. If so, no one here can rule out the possibility, but we obviously have no idea. For starters, it's not clear why you think it's "obvious" that the video depicts your friend. Likewise, we know nothing about your employer's policies, but it would be odd to punish her if, in fact, the video was taken without her knowledge and consent.

I'm not worried about her getting in trouble. Locations are managed by 1 to 2 people only. He was with her at the time and she knows what she looks like.

It appears he took the pictures on his personal phone then later used the work phone to video the screen of his personal phone therefore putting the picture on the work phone.

I'm just wondering if the work phone comes into this because it was disbursed to a work phone that was there to be used by others if he actually left it in the office. He just never did until he was fired and then he left the phone, videos and pictures included.

 

[quincy]

Here is a link to the New York Penal Code 250.45:
https://newyork.public.law/laws/n.y._penal_law_section_250.45

If the fellow is arrested and charged under 250.45, your friend (probably) will have to identify herself in any photo for a conviction.

Although an invasion of privacy lawsuit is an option for your friend to consider, the description you have given of the photo indicates that only someone with an intimate knowledge of your friend’s body will know the photo(s) is of her. This fact limits the harm that could come should the photo be distributed to others and likewise limits the chances of a successful suit.

Your friend can consult with a lawyer to see if there is any other legal action to pursue. She mostly should feel relieved that the creep is no longer her boyfriend.

 

[AlmostThere]

Also your friend may not be happy about you posting his legal issueson the internet.

 

[quincy]

Also your friend may not be happy about you posting his legal issueson the internet.

I believe the friend whose breasts were photographed is a she not a he.

 

[AlmostThere]

I believe the friend whose breasts were photographed is a she not a he.

Unless I reading the posts incorreclty, the male friend is being arrested, not the woman. "The phone was turned over to police, and they set a warrant is being issued for him taking pictures without her consent for personal gratification."

 

[quincy]

Unless I reading the posts incorreclty, the male friend is being arrested, not the woman. "The phone was turned over to police, and they set a warrant is being issued for him taking pictures without her consent for personal gratification."

The male is not a friend. The male is the fired former employee and former boyfriend of the girl whose recognizable breasts were photographed without her consent. But, yes, it is the male who may be arrested.

 

[zddoodah]

I'm just wondering if the work phone comes into this because it was disbursed to a work phone that was there to be used by others if he actually left it in the office.

I have no idea what this might mean. One would expect a fired employee to leave a company owned mobile device, which one would expect to be wiped by the company and then issued to someone else.

I still don't understand what legal issue you're trying to raise.

 

[isis297]

Here is a link to the New York Penal Code 250.45:
https://newyork.public.law/laws/n.y._penal_law_section_250.45

If the fellow is arrested and charged under 250.45, your friend (probably) will have to identify herself in any photo for a conviction.

Although an invasion of privacy lawsuit is an option for your friend to consider, the description you have given of the photo indicates that only someone with an intimate knowledge of your friend’s body will know the photo(s) is of her. This fact limits the harm that could come should the photo be distributed to others and likewise limits the chances of a successful suit.

Your friend can consult with a lawyer to see if there is any other legal action to pursue. She mostly should feel relieved that the creep is no longer her boyfriend.

She read your response as I did and said "very relieved". Thank you for always giving good advice.

 

[isis297]

Also your friend may not be happy about you posting his legal issueson the internet.

My friend knows that I speak highly of the senior members who give advice in this forum. Yes, SHE knew I posted and was appreciative and has read some of the replies as I did.

 

[isis297]

I have no idea what this might mean. One would expect a fired employee to leave a company owned mobile device, which one would expect to be wiped by the company and then issued to someone else.

I still don't understand what legal issue you're trying to raise.

Our company doesn't always fight to get company belongings back. The phone couldn't be located after he was fired so a new phone was purchased. These are just tracfones... nothing high tech or very expensive. A new manager took over and was cleaning out everything in the office, reorganizing, etc and he found the phone stuffed in the back of a drawer. He is a friend as well and he knew it was the phone the guy had because you could hear him in some of the videos. This friend also knew them as a couple. He's the one who told her he found it. She feels violated not knowing if others saw it and just didn't say anything. A screenshot of the background of the phone was taken within 2 months of the ex being fired so somebody opened the phone at least once but we don't know if they saw anything or if there was anybody else. People knew they were a couple though so she is just feeling very violated right now both because of how many might have seen it that she works with and that she didn't realize the picture had been taken in the first place.

While the penal code is in regards to taking unconsented pictures or video for personal gratification, we were just wondering if the fact it was copied to a work phone adds to the severity of the crime, like disbursement.