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Police Seizing Mobile Phone

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fadeout73 | 07:03 Fri 03rd Jul 2009 | Law
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My bf was out walking our dogs in a field when he took a photograph of them running about on his mobile phone. A woman then came running up to him, slapped him and told him to stop taking photographs of her children, then grabbed the phone off him and phoned the police saying he was taking inappropriate photos. The police came, arrested him, took him to the police station questioned him, took prints etc. They also seized his mobile phone. When I phoned the police about it they said "the phone is a production for the court case". He wasnt charged and let out. How long before he gets his phone back? There are photographs of his neices on the phone which he told the police about.
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If your husband was doing nothing wrong and hasn't been charged with a crime then surely the police have no right to hold onto his phone.
If I were him I would also be considering having the woman who slapped him charged with assault.
im with daffy! Why didnt he report her for assault.
How can he have been taking "innapropraite photos" of her children in a public place. what were the kids wearing or doing?

You can take photos in public places, its not against the law and surely the phone will prove that there were no such photos taken.
Question Author
Hi daffy & red,

Thats what I thought, I spoke to my neighbour who said they could have checked the phone on a computer and looked at the photos there and then or even just held on to the memory card. The police just told bf that they would post the phone out to him when they had finished with it!. I said to bf about getting the woman charged and also her boyfriend as he came to hit my bf with baseball bat.
well yeah, and theft of the mobile! she cant just confiscate it.

It makes you wonder what the heck her kids were up to that she was so funny about them possibly being photographed.
As redcrx said before,there is no law that says you can't photograph anyone in a public place...not that your bf was doing that.
There has to be a lot more to this than we're being told.
Question Author
HC,

There is not more to this than being told, that is what happened!!
The details given do not "gel" with the story of your b/f being arrested. For what? You do not say.

Also, you claim that the woman struck your b/f and indicate that her b/f either struck or threatened him with a baseball bat, yet, it appears neither was also arrested?

You say that the Police told you, who have nothing to do with the matter apart from the fact that your b/f was involved, that they haven't charged him but are keeping his mobile as an exhibit for a Court case. Why did you feel you had to phone them? Hadn't your boyfriend told you what had taken place?

Is your b/f on Bail? Does he have to go back again to the Police Station at a later date?

There is so much detail missing from your versions of what you've been told by your b/f that it appears as though you are either not telling everything, or else your b/f is being economical with what he told you really happened.
fadeout:

I only saw your last remarks after I'd posted my previous to you.

Now, believe it or not, but I'm not trying to be argumentative with you. However, I've had wide experience of people being arrested and the circumstances, etc. Hence the queries I've made in my first post.

If you're saying that this is all you know, my advice would be to have another chat with your b/f, for he obviously has not told you the full story.

Because, like me, you were not actually there. Correct?
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That would not make it more believable.

You are not allowed to assault people, or steal their property, just because they are trespassing on your land.

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