Legal Question in Criminal Law in Maryland

If a shooting occured and a persons cell phone was recoverd.. with a picture of a gun in the phone..and the police later discovered that and they eventuallly found who's phone it belonged to... can they charge the owner of the phone or arrest the owner


Asked on 12/18/10, 6:02 pm

2 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

"Can they?" Is asking if there is probable cause for a warrant. It's a very low standard, but certainly not automatic. But if a phone is found on the scene of the shooting with a pic of the same kind of weapon matching the bullet/casings, then that may be probable cause. Then they try to get a confession or maybe an accurate I'd or even DNA evidence. The important thing is to NOT talk to the cops. It will almost NEVER help you but will almost ALWAYS hurt you.

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Answered on 12/23/10, 6:20 pm
William Welch William L. Welch, III Attorney

Anyone may be arrested and accused of a crime. Proving beyond a reasonable doubt that a particular person committed a crime is another matter. It is not a crime to have a picture of agun on a cell phone.

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Answered on 12/23/10, 6:26 pm


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