Is a federal investigator able to use a photo on an inmates phone for evidence ?
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Is a federal investigator able to use a photo on an inmates phone for evidence ?
Is a federal investigator able to use a photo on an
inmates phone for evidence ?
Asked on October 12, 2018 under Criminal Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, a photograph on any cell phone, even an inmate's, may be used as evidence. The photograph needs to have been obtained legally, but since inmates have very limited rights to privacy, it almost certainly was; and the government would have to "authenticate" it or show where it came from, that it is legitimate, etc. but subject to that, the photo may be used.
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