Don’t Drink and Carry Nude Pictures of Yourself on your Cell Phone
by
Anne P. Mitchell, Esq. - 13 Comments, Last updated
12/23/2009
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Ah, a fresh entry in our “how to get yourself into trouble with your cell phone” archives, along with videoing yourself having sex and having it turn up in porn shops, and the guy denying a crime involving an AK47 just as his cell phone displayed a photo of him… holding the AK47, and, of course, the ubiquitous upskirting and downblousing.
Our newest entry is the woman who carried around on her cell phone pictures of herself, naked. “Why?”, you may ask. Who knows? Indeed, some of you may say “who cares?” The point is, there she was, in all her glory, naked, in pictures on her cell phone.
And then she got pulled over for a DUI.
And, for some reason, after she had already had the breathalyzer, and otherwise complied with the nice officers, for some reason the nice officers decided to look on her cell phone to see what they could see.
And all that they could see…and all that they could see..was the other side of the suspect… the naked side.
And..just to be safe..you know.. to preserve evidence… the arresting officer put copies of those pictures on his personal PDA.
And showed them to a few people.
He claims that “he copied the photos to his PDA because he thought it was unusual and could be used as evidence later.”
Said the woman’s attorney, “It’s a ridiculous allegation. I think he’s trying to show that there’s been unusual behavior on the part of my client. In fact, the unusual behavior was on the part of the officers for copying these photos on his PDA and showing them to other people. That’s the unusual part.”
I dunno, nabbing pictures of naked women and showing them to your cronies is no more unusual than carrying around pictures of yourself naked on your phone.
Perhaps more wrong, particularly in this context, but no less usual.
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Arrested means search and seizure is legal. Stealing a copy of the picture and showing it without consent illegal. SUE THE FUCKING PIGS
Comment by Jdub — 12/23/2009 @ 8:49 am
My Boyfriend send nude pictures of me to my friends.
Help!
Comment by renee — 12/12/2009 @ 6:48 am
I got the same question with commenter no 1, when does DUI warrants a search for a mobile phone?
Comment by ZXT — 10/10/2009 @ 11:29 pm
That’s ridiculous.
He had no right to check her phone on a DUI.
Comment by J — 3/30/2009 @ 3:32 pm
If the woman was under arrest, then a search of her vehicle and personal effects in the vehicle or on her person is legal. Anything found unrelated to the original offense can be used for new charges.
Comment by botamochi — 5/22/2008 @ 5:57 am
love
Comment by soha — 5/21/2008 @ 1:55 am
It isn’t unusual these days for a police officer to check a cell phone, especially after an accident to see if there is a record of recent cell phone usage. This might indicate the driver was at fault for being on the phone while driving. What does this have to do with cell phoen photos? NOTHING. Sounds like illegal search and seizure and a lawsuit in the works.
Comment by GB — 10/1/2007 @ 12:18 pm
1) A nude photo doesn’t constitute pornography. 2) She likely (and foolishly) consented to the search. If you look at LAPD statistics, it appears that 98-99% of those stopped feel compelled to consent.
Comment by Dreamcore — 10/5/2005 @ 3:41 am
that is BS. they had to look at her phone. sounds like a lawsuite to me.
Comment by steve — 6/21/2005 @ 6:37 pm
Illegal search & seizure without a doubt. Copying it could be called Manufacturing pornography, and sharing it could be called distributing pornography. And if 2 cops were involved, then its Conspiracy to do the forementioned. Her right od privacy was pretty severly stomped on. Whats that smell?? Smells like..a lawsuit.
Comment by Lee — 6/19/2005 @ 7:09 am
Or, you could be naked, holding an AK-47, and drinking while driving. Then there’s the dumb driver factor, now we get to the heart of the matter. She was stopped for a DUI!
Comment by Anonymous — 6/16/2005 @ 8:13 am
I guess it could be worse - you could be naked holding an AK-47….
Comment by Anonymous — 6/15/2005 @ 1:23 pm
Wow. Since when does a DUI constitute grounds for searching a cell phone?
Comment by anonymoose — 6/14/2005 @ 4:21 pm