Baltimore, MD asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland

Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?

1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered with your ability to perform the field sobriety tests? Is the cop just a creep? Not enough information. If you believe it’s the latter, file a complaint, but probably best to retain counsel and have them use this information to your benefit.

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