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The police went to my daughter's school and took her phone.

Hi the police went...

Hi the police went to my daughter's school and took her phone. They said she shared child pornography. They still have her phone and they have not said anything to us and it's been over a week. What next steps should we take? Thanks so much

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge. The detective has not returned my calls.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that my daughter is 15 and a Sophomore in High School.

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Answered in 2 minutes by:
2/14/2018
Bill Attorney
Category: Legal
Satisfied Customers: 1,752
Experience: Attorney
Verified

Dear Customer ,

Thank You for your criminal law question today. I'm attorney Bill assisting you.

Was your daughter arrested or did they present a search warrant for the phone ?

Did you or your daughter consent to handing in the phone ?

Have any charges been filed ?

Looking forward to your follow up

Attorney Bill

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Customer reply replied 10 days ago
Hi There No search warrant. They came in during the school day and took her phone then left me a message to come to talk about the issue. When we arrived at the detective office they asked if I would give her permission to give a written statement and I refused. She did say that she had the video on her phone to the police detective. The detective had us believe that they can take what they needed from the phone then return. After sometime the detective returned with another officer to say they would keep the phone. It's been about 2 weeks now and no word.
Customer reply replied 10 days ago
I have not received anything for charges in the mail.
Customer reply replied 10 days ago
No consent to hand in phone. Ok Thank you

They really needed a search warrant for the phone unless they took the phone incidentally to an arrest which you have claimed didn't occur.

If they found illegal content on the phone at this stage they can keep the phone for investigative purposes but they are going to be challenged by the illegal seizure of the phone without a warrant; so an action against your daughter for possession won't stand up.

They may be using the phone to prosecute another individual, not your daughter.

They are likely holding the phone for this purpose as evidence.

We are here to help so please follow up as required.

I'm an independent legal expert and only get a credit after you rate positively and leave positive feedback.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 1,752
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