Legal Question in Legal Ethics in Virginia
juvenile/parents rights
There is a couple of construction equipment parked near my house and it was apparently vandilized? The sheriff came to several houses on my street and then came to my house at this time my two teenage sons and three of their friends where skateboarding in my driveway the sheriff ask me if he could ask them if they knew anything about the equipment and I agreed he could talk to my sons and I then informes him that the other kids where not my children and he stated he was only going to ask them if they knew or saw anything when he asked the kids they all answered that they did not know and did not notice that it was vandilized. The sheriff walked to his car got out a digital camara and came back to my house and took pictures of all the kids; when I asked why he was taking the pictures he told me he had an eyewitness and thats why he was taking the pictures. When he was first talking to all of us about it he had stated he needed our help becasue he said this happened over a six day timeframe and happened at dark. Is this sheriff allowed to just take pictures of all these kids without the parents consent and with out proving evidence or cause?
1 Answer from Attorneys
Re: juvenile/parents rights
Of course, anybody on a public street, including a deputy sheriff, can take whatever pictures he or she pleases, for any reason, and without the permission of persons whose property may abut the public way or whose children may be playing on that particular street. The law basically recognizes no reasonable expectation of privacy attaining to any particular individuals under such circumstances that would in any way impose legal constraints on individuals taking such photos.
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