Invasion of privacy for the school and police to take my phone to try and do forensics to find text messages?

Question

Ok so I'm going to have to explain this a little. I work with this girl Emily. She told me about this kid Tom who has been stalking her for several months. So she wanted to get even with him or something by messing with his car. She told me about it in person, on the phone, and through text messaging several ideas she had.

She thought it would be a good idea to come to my school and go up to his car and mess with it. I'm not close to her and I do not care about this kid Tom. So I was stupid and told a few people in my school. I said how this girl was going to commit a stupid act and stuff.

So today I think the people I told went to this kid Tom and he went to the school princaple and the police. For some reason he said my name and lied by saying I told him this. I do not speak to the kid.

So I get called down to speak with the cop and basically told him I might have info but I'm not ratting on anybody. Later I got called down again and he asked if I had contact with her.....

which I did by texting after the first time I spoke with the cop. She told me that she did not do anything to Tom's car and that I should not say her name or rat on her. So I said to her to lie because I thought it was no big deal that she would get off with no problems. I also thought that I was fine since I had no foul intentions I only knew about what was going on.

So the cop asks me this and all my messages were deleted. He takes my phone and says I better write down what I remember from them or I will get in trouble for interference with an investigation and conspiracy and accomplice.

He said I can get out of it by telling the truth and also get her in less trouble. So I wrote down this exact story basically and they kept my phone. They said they may need it for "forensics" to get my mesages and they might need a subpohena from the phone company for a crime which was not even committed.

So is it invasion of privacy for them to take my phone like that?

I just find it absolutely absurd. I even ratted this girl out by telling the truth. I did not do anything wrong and no actual crime was committed. There is no way they can take my phone like that. I think they did the same to her also. So there's no way thats against the 4th amendment or whatever? I cant do anything about this?

And one more important factor I need to add. Last night I text messaged her saying do not mess with this kids car.

Thanks for all the answers guys.

And I did tell the truth. I told the cops her name. They were already questioning her I think. I told the whole truth and wrote the whole story down. They have what they want. I do not see why they would want to actually go through the rigorous proccess of doing forensics on our phones to have extra evidence of a misdemenor crime. A real crime did not even occur!!

All I know is that some things are ridiculous. I am definitly taking american law next year. And one more time NOTHING WAS DONE TO THE CAR. This dumb girl just came to my school to try and do it. I think they're gonna get her with trespassing since she does not go to my school and intent of malicious conduct because that is what they said.

I dirtied my name because of this basically. Cops are just facist pigs that have no damn lives. At least in this town anyways. I did not even realize that knowing information for something this small was a crime. The kid Tom even lied to the police by saying I spoke to him about seeing this girl at his car today. I don't even know when the last time was I actually saw the kid in school.

Answer 1

Trespassing is a crime.

She was attempting vandalism, which is a crime.

You were obstructing justice, which is a crime.

I hope you've learned your lesson.

If she'd gone through with is, and you'd refused to cooperate, you would have been nailed as accessory.

They had "probable cause" so were covered by the 4th Amendment (they can't search or seize WITHOUT probable cause).

Answer 2

First, you are as a minimum a potential witness in a crime.

Secondly, you potentially hold evidence that involves solving a crime.

Third, what is with people who feel the words "snitch" or "ratting" is something bad?

If you were a parent with children, would you hide information about a person you knew who assaulted your children? There is no difference in this scenario than any other scenario.

Lastly, by withholding information concerning an offense...you could be held accountable.

Needless to say, this question seems to have more to it than meets the eye anyway. My suggestion...quit worrying about an invasion of privacy....you took part in a situation that caused damage to somebody elses property. Grow up!

Answer 3

sorry bud---a crime WAS committed---THREATENING is a crime and in essence, this girl made a threat to YOU on this guy TOM and you told others who told HIM....it makes you an accomplice to the threat by harboring the girls identify from the police... you don't know her, she isn't even a friend, so why not get yourself out of hot water and give the police her name---they will find it out anyway by going into your records from the phone WHICH THEY HAVE A LEGAL RIGHT TO DO----so fess up and save yourself some grief.... they won't really do all that much to the girl except maybe a MISDEMEANOR for making the threat in the first place. Thank goodness she didn't follow through with it because you AND she would be in SOOOOO much trouble..... Do the right thing for YOURSELF here....

Answer 4

Yep, if the police get a subpoena, they're covered.

Why did you lie to the police? That was a stupid decision. After you lied and told this girl to lie, can you see why they're suspicious of you and have reason to confiscate your things? Besides, don't ever tell a police officer, "I may have information, but I'm not ratting anyone out." The way I see it, this is all your problem. When this girl talked to you, you should have told her you wanted nothing to do with this and you shouldn't have gone and spread gossip about it either.

Answer 5

Anytime an act of crime is committed and a cell phone may or maynot have been used the law enforcement authorities can obtain your cell phone and look at the records to see when and if calls were made. If a crime was committed they can keep this phone and your records as evidence.

Answer 6

Conspiracy to commit a crime, her stating she wanted to and you giving suggestions on how to - is a crime..........

Your phone is evidence of that crime.......no problem with police collecting evidence (don't you watch CSI?)

Your refusal to cooperate with police regarding information you said you had; you said; "I might have info but I'm not ratting on anybody".........is called obstructing a police investigation (a crime).

Also, it appears from your tone that you really don't think that this a serious situation --- it is.

Hope this helps.

Answer 7

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Answer 8

No constitutional issues here. Except for your possible conspiracy to commit. Just hope that you dont get into trouble for your actions/inactions.

Answer 9

conspiracy to commit a crime is what you did.

Answer 10

Sorry, no Constitutional violation here.