KOPIed from Yahoo:
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McLEAN, Va. (AP) — A Virginia teenager is fighting efforts by police who want to take photos of him in a sexually aroused state to try to prove a sexting case against him.
Prosecutors in Prince William County told a judge they need photos of the 17-year-old's erect penis to compare against photos he is accused of sending to his 15-year-old girlfriend at the time. The teen has been charged in juvenile court with possessing and manufacturing child pornography related to the images of himself he's accused of creating.
The teen's lawyers say the search warrant allowing the photographs has been authorized by a magistrate but not yet executed. They are fighting the warrant in court; a hearing is scheduled for next week.
Defense lawyer Jessica Foster said she is unaware of any cases where police have pursued similar photographs, particularly of a minor.
"This is crazy," she said. "Nobody's even heard of something like this. ... The charges are excessive, and the means by which they are seeking evidence are outrageous."
The teen's appointed guardian ad litem, Carlos Flores Laboy, said his understanding is that police plan to do some sort of computer analysis of the photos to try and prove a similarity to the explicit photo found on the girl's phone. He said the search warrant vividly demonstrates the importance of defending individuals' constitutional rights against invasions of privacy.
"Doing this to an adult would be traumatic. We're talking about a 17-year-old child. Doing it to a 17-year-old would be even worse," he said.
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McLEAN, Va. (AP) — A Virginia teenager is fighting efforts by police who want to take photos of him in a sexually aroused state to try to prove a sexting case against him.
Prosecutors in Prince William County told a judge they need photos of the 17-year-old's erect penis to compare against photos he is accused of sending to his 15-year-old girlfriend at the time. The teen has been charged in juvenile court with possessing and manufacturing child pornography related to the images of himself he's accused of creating.
The teen's lawyers say the search warrant allowing the photographs has been authorized by a magistrate but not yet executed. They are fighting the warrant in court; a hearing is scheduled for next week.
Defense lawyer Jessica Foster said she is unaware of any cases where police have pursued similar photographs, particularly of a minor.
"This is crazy," she said. "Nobody's even heard of something like this. ... The charges are excessive, and the means by which they are seeking evidence are outrageous."
The teen's appointed guardian ad litem, Carlos Flores Laboy, said his understanding is that police plan to do some sort of computer analysis of the photos to try and prove a similarity to the explicit photo found on the girl's phone. He said the search warrant vividly demonstrates the importance of defending individuals' constitutional rights against invasions of privacy.
"Doing this to an adult would be traumatic. We're talking about a 17-year-old child. Doing it to a 17-year-old would be even worse," he said.
