Suppose person A is caught red-handed spraying graffiti and has to hand over his cell phone, laptop, etc. Now the police sees that in WhatsApp chats with friends about graffiti, planned and photos of graffiti are available. You don't see any people in the photos. Is this enough evidence that person B can get a subpoena / house search?
The cell phone must certainly not be examined in the first place
But it can be examined, at least where I live.
It should be enough for a summons. A house search, just because of the photos, is unlikely.
And what if person B never said this or that photo was of him?
Why not?
You can't say that in concrete terms, it always depends on the individual case, the type of photos and other witnesses.
OK thank you for the info.
No problem.
I'm not sure, but would assume yes and no 😅 it will depend on what is found. But for a house search there has to be a lot in there, I think…
Person A should be more careful in the future:
Leave laptop at home while spraying (only interferes with the escape).
Encrypt your cell phone and laptop securely (if there's evidence of criminal offenses on it) or set up a secure PIN.
Never reveal your PIN / password to the police! The person can't be forced to do so. If everything is done correctly, the police will not be able to decipher it.
Person A's laptop was taken during the house search and you are obliged to give the password. (At least where I live.)
Thanks for your answer. Another short question. Can you imagine how long it would take until person B receives a summons? (If that would happen at all).
What country do you live in? Many police officers have no hesitation in lying in order to make their work easier…
Not really, it depends on how quickly and what is found.
Ok will it take longer than half a year? Or can you not say this at all.
Summons probably also 6 months. House search probably not, because after 6 months or only 1-2 weeks nothing should be found anymore.
OK thank you for the info!