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There are certain inappropriate photos of herself (which is…

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There are certain inappropriate photos...
There are certain inappropriate photos of herself (which is fine) There may be certain videos of her mate or myself driving irresponsibly (not speeding I don't think but other things) there is also a video of one of her friends smoking weed. She can't remember what else is on the phone but she's scared. At the scene of her accident she was in shock and in and out of consciousness. The police confiscated the phone on sight and never asked her for permission. I am aware police are allowed to do that for evidence but my question is, are police allowed to look at any other photos or videos without her permission unless it's related to the accident??
Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/29/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
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Solicitor: John Melis, Lawyer replied 7 months ago

ok, i understand the importance on this sensitive matter.

the first step is to raise a written request to the police station whether the phone is use suspected criminal offence, and if not can the phone be released.

police are allowed to review the photos on the phone to determine if an offence has occurred.

it is important that you consider all the content on the telephone, as sometimes what may seem innocent could result with further investigation by the police.

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Customer reply replied 7 months ago
Unfortunately I'm still a little confused . I agree that they may have permission to view the phone in relation to the car accident she was actually filming at the time - The driver was definitely speeding 160KPH and its all on the camera. Strongly suspect charges will be laid. They can download the footage and return her phone surely. My original concern and question is 'without her permission or consent can they look through the phone further and expand into other investigations based on the other what else is on the phone? Unfortunately I'm a single dad with sole custody and cant afford a solicitor. We are both concerned about what else is on the phone from previous days / weeks / months. Can they / are they allowed to do this?
Is this really how the Police work.
Solicitor: John Melis, Lawyer replied 7 months ago

where there is probable cause, the police can review the photos on the phone.

the fact that the phone is in their possession, will allow the police to review all images.

is there something of a serious nature on the phone as it is best to get in front of it as soon as possible.

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