Chicago, IL asked in Civil Rights for Ohio

Q: Can the police take a pic of my son off his personal phone to show a victim to identify him and ? My 15 without an adult

Then tell my son he fit the description of the suspect without consent from an adult and file charges of trespass

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1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: How did the police acquire his phone? How did they acquire the picture? Was the phone locked? They can talk to him and even arrest him without parental consent, but getting into locked cellphones now requires a warrant under most circumstances. With kids, there are a few circumstances it may not such as if a teacher got the password from the child, opened the phone, and gave the picture to the police, or if the child consented to the search (though consent can get complicated with children and aggressive police).

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