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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13049
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My sons ipod was taken by police (along with several others)

Resolved Question:

My son's ipod was taken by police (along with several others) from school because he was sent a number of pornographic links. He neglected to delete these and when the student that sent them was caught, the students that received them were called to office. Once the police contact us for permission to view the contents of his ipod, we need advice on what to respond. Of course, I don't mind them seeing the links that were sent, but I am hesitant to have the entire ipod data be viewed. Can I give partial consent, or can I refuse consent?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 10 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation.

Customer:

yes, I am online

Alex J. Esq. :

How old is your son?

Customer:

15

Alex J. Esq. :

Do you know if there is any illegal contest in your son's ipad?

Alex J. Esq. :

Such as child pornography ?

Customer:

Not that we are aware of. He and the school said it was raunchy pornography links but not child.

Alex J. Esq. :

Well, this is a serious situation, especially if there is a chance that your son's ipad might contain any type of illegal content.

Alex J. Esq. :

Basically, this is a situation which required immediate attention of a local experienced criminal defense attorney who is familiar with juvenile criminal justice system.

Alex J. Esq. :

It is never a good idea to give consent to search, especially if the ipad might contain some type of illegal material that can subject your minor son to disciplinary or even criminal prosecution.

Alex J. Esq. :

Does this make sense?

Customer:

I agree but am trusting that he is being honest when he said no. He has received 5 days suspension which is less than all the other students because he was not forwarding any of the links that were sent him.

Alex J. Esq. :

If you refuse consent, then police can still try to obtain a search warrant, but the search and seizure of the ipad can be later challenged by your local criminal defense attorney, in case if any evidence against your son are found on the ipad.

Customer:

Yes, I wasn't sure if we could refuse or just be there for the viewing of the materials that are in question and not let them download the entire ipod.

Alex J. Esq. :

Unfortunately, the risks in a situation like this are too high to take and try to hope that ipad is "clean".

Alex J. Esq. :

You have the right to refuse consent and to defer this matter to your local criminal defense attorney.

Customer:

I see, and that makes sense. Thank you.

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

No, thank you. You have helped explain very well.

Alex J. Esq. :

I wish you the best of luck.

Please click on "Excellent Service" rating, so I can receive credit for my answer.

Bonus and positive feedback is always appreciated, but is not required.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13049
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 5 other Criminal Law Specialists are ready to help you

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