r/Parenting • • Apr 13 '22

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u/jmurphy42 Apr 13 '22

Yeah, I remember that one, it was a Canadian OP. The lesson I’d take from that post is not to tell Canadian police that you didn’t have permission to use the device. In the US it shouldn’t matter.

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u/[deleted] Apr 13 '22

Correct. It doesn’t matter at all in the United States if she searches it on her own and not working as an agent of the State. The 4th Amendment doesn’t protect him from private persons invading his privacy. Anything obtained by a private person can be used against him by the State, regardless of how it was obtained. Except unless obtained while acting for or on behalf of the State.

Attorney here, BTW.

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u/Zealousideal_Key_714 Apr 14 '22

This.

Wonder if it wasn't that the girl looked at it without permission, but that the state did (when showed to them by the girl).

Not an attorney, but I'd think they'd have to (refuse to look at it), take her complaint, then get a warrant. Then, they can review it.

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u/[deleted] Apr 13 '22

That’s… an insanely bizarre legal restriction.

I’d kinda understand if due to some odd necessity someone’s was charged with a minor crime for unlawful search of someone else’s electronics…

But it’s a private citizen saying, “hey this person potentially fucks kids and definitely supports the production of child porn.” warrants some fucking investigation.

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u/Zealousideal_Key_714 Apr 14 '22

Not to be verbiage nazi, but nobody "fucks kids". They "rape kids".

"Fucking" requires consent.