If my son witnessed a fight which he recorded on his cell phone and now the authorities are asking for the phone, should I turn it over?

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If my son witnessed a fight which he recorded on his cell phone and now the authorities are asking for the phone, should I turn it over?

He is named a witness in the investigation.

Asked on May 17, 2012 under Criminal Law, Texas

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

At this point that video would be considered evidence and must be turned over to the applicable police or prosecuting agency if subpoenaed. I would request to see either a subpoena or court order which by law obliges you to preserve and turn over the video before you do so voluntarily.


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