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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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If a person says that another person was taking a picture of

Resolved Question:

If a person says that another person was taking a picture of her and she she has no other evidence besides the other person being there as well, then who will win?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 3 years ago.

-Could you explain your situation a little more?
Who will win what?

What is the issue that is bing contested?

Customer: replied 3 years ago.
First is there a cause of action. If there is would the defendant that says he did not take a picture and it was all a misunderstanding, would he prevail. Or would the girl that says the guy took a picture of him prevail.
Expert:  Dave Kennett replied 3 years ago.
-Could you explain your situation a little more?
I have no idea what this is about. Please explain what is going on. What kind of picture etc.
Customer: replied 3 years ago.
The picture is of her using a cell phone. The defendant was obstructed from view, but the plaintiff thought she saw a cell phone pointed at her taking a picture. When examining the phone no picture was found. The only that that matches up is that the defendant was were the plaintiff says he was and he has the phone in question.
Expert:  Dave Kennett replied 3 years ago.

DearCustomer- There is no law against taking a picture of someone with a cell phone so I see no cause of action against anyone unless the photo was taken in a place like a bathroom or into the window of a private home where there was some expectation of privacy. So it really doesn't matter who is believed in this situation since it doesn't matter if a picture was or wasn't taken.

 

Unless there are some circumstances of which I am unaware I just don't see an issue.

 

Dave Kennett

Customer: replied 3 years ago.
If the events occurred in a bathroom does it change the facts.
Expert:  Dave Kennett replied 3 years ago.

Yes if the person was in a place where privacy was expected and a picture was taken then that would change my position. Of course if there was no picture and someone just thought a photo was taken then there would be no case. It all depends on the circumstances.

 

I noticed you posted this in the criminal law section and this would be a difficult crime to prove with just one word against the other and no photo. I just don't have enough facts to offer you anything but a general opinion. If the photo were distributed to others then there would be grounds for a civil action for damages.

 

Dave

Customer: replied 3 years ago.
All the facts have been presented. There was no photo just one persons word against another persons that a photo was taken. The phone looked similar to the one she saw, but once again no photo was present on the phone and no photos were distributed.

So in essence because it would be her word against another persons, with no concrete evidence that a photo was actually taken, the only corroborating evidence is his presence and everything else would be circumstantial evidence. Then this would not warrant a cause of action either criminally or civilly?
Expert:  Dave Kennett replied 3 years ago.

I see no cause of action whatsoever in this case. Certainly not enough evidence of a crime and since no photo was distributed then there's no civil damages.

 

Dave

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and other Criminal Law Specialists are ready to help you

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