Legal Question in Constitutional Law in Maryland

Invasion of privacy by police?

My friend had an admittedly sexual relationship with his girlfriend from the time she was 18 to 19 and 1/2 (she lived with him). Then, after they broke up, she called police and said their sexual relationship started when she was 16 and underage. The police came to his house and photographed his penis to show a characteristic mole described by the girl, I suppose to use as ''evidence''. However, how can this be evidence for a sexual relationship that started when she was 16 and not 18? Isn't this an invasion of privacy? The police said they had a warrant.


Asked on 12/13/07, 11:52 am

1 Answer from Attorneys

John Mitchell Interaction Law

Re: Invasion of privacy by police?

As you describe the situation, it would not appear that the police would have had any basis for obtaining a warrant to photograph the penis to prove that the girlfriend could identify it if there was an admitted relationship after she reached the age of majority. That is, such evidence does not apper to be in any way probative of whether the relationship began when she was a minor. I am not licensed to practice in Maryland, but suggest your boyfriend contact a Maryland attorney to consider his options, including not only a claim for invasion of privacy, as you suggest, but also seeking the destruction of the photographs and for a civil rights violation (Fourth Amendment). The mere fact that there was a warrant does not in and of itself prove that there was probable cause for seeking the warrant. Then again, it is possible that the police did not know of the admitted relationship at the time they sought the warrant. Even so, there may not be any reason for them to retain it any longer. Good luck.

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Answered on 12/14/07, 6:40 pm


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