mercredi 23 décembre 2015

Criminal Investigations: How Long Do the Police Keep a Cellphone Given to Them to Search

My question involves police conduct in the State of: Tennessee

Short version of question: How long will the police keep the phone to search it for evidence that I was sent a nude picture? If they had evidence that I did something wrong, when would they have me arrested?

Now here are the details:

I'm 20 years old in a relationship with a 17 year old. We got together when she was 14 and I was 16 (I'm less than three years older than her - and she turns 18 in less than two months). Her parents are divorced and her dad is an extreme control freak and he's always despised me even though I've never actually met him. I've known her mom since I met my girlfriend and never had any issues with her. Recently, her dad took her cell phone and saw text messages where we talked about going hiking soon (which we've done multiple times already). He was furious and threatened her and I because he claims I want to take her out in the woods and have sex with her. His exact words when he threatened me were "You're an adult and adults need to leave little tiny girls alone" like I'm some sort of pedophile. We've never had sex and weren't planning to and there's nothing on the phone to indicate that we were.

He turned the phone over to the police a week ago to have them search it and get me arrested. The problem is that a few months ago she took a few partially nude (she was in underwear and bra) pictures of herself and sent them to one of her girlfriends to show them her outfits from the lingerie store. She never sent any of them to me and she deleted them all right after she took them but she's afraid the police will find some if they use data recovery software and claim that she did send them to me.

I'm pretty sure there's a close-in-age exemption in my state that says we could legally have sex so it's not like we'd be awful people even if we did (but I don't think that covers picture messaging). What can I tell her to let her know I'm not at risk of being arrested and calm her nerves? Her dad has been trying to scare her all week and won't tell her if the police even still have the phone. But if I did anything wrong, I'd already be arrested wouldn't I?

Thanks for your help in advance.


Criminal Investigations: How Long Do the Police Keep a Cellphone Given to Them to Search

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