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Roger, Attorney
Category: Legal
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My 16-year-old nephew and his step-father were involved in

Resolved Question:

My 16-year-old nephew and his step-father were involved in a physical altercation in which step-father tried to force the nephew to his room. My wife took some photos using her cell phone of the nephew. The pictures are very blurred and show no bruising or redness of any kind where the boy said his step-father touched him. Two of the pictures showed abrasions which the boy said came from lacrosse practice. They do no show the boy's face. Eventually police were contacted and they interviewed the step-father. He has not been charged, yet. The boy's mother (my wife's sister) wants my wife to delete the photos because she thinks they could be misleading. Three questions:

1. Did my wife have the legal right to take the photos without the mother's permission?
2. Does my wife have the right to delete these photos because they are her possesion and/or because the boy's mother is requesting they be deleted because she did not give permission to have them taken? If my wife does delete them, could she be charged with obstruction of justice?
3. If my wife does not delete the photos, is she required to turn them over to a law enforcement officer or CPS without a subpoena?
Submitted: 5 years ago.
Category: Legal
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.


1. Yes. There's nothing illegal about taking pictures so long as she was legally on the property when she took them.


2. I wouldn't recommend that she delete them as she could be charged with destroying evidence.


3. I would recommend that she inform the investigators about the pictures and let them decide how to proceed.

Customer: replied 5 years ago.
The local p.d. already knows about the photos. If they ask for them, is she required to give them without a subpoena?
Expert:  Roger replied 5 years ago.
No, she's not required to give turn the photos over without a subpoena.
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