My 13 year old son used his cell phone to record a fight at school?

Your son doesn't have a responsibility to break up a fight. The police are not the ones who charge crimes - the district attorney is. And if the DA in your county isn't a complete ninny, she'll recognize that there's no case there and refuse to charge.
 
Your son doesn't have a responsibility to break up a fight. The police are not the ones who charge crimes - the district attorney is. And if the DA in your county isn't a complete ninny, she'll recognize that there's no case there and refuse to charge.
 
This raises some interesting legal questions, but since your son is a 13-year old student who was at school, he may not have the same legal protections against search and seizure as an adult would have under similar circumstances. I doubt he will be charged with anything, but if he is, you should consult a lawyer.
 
I can see where you are coming from, but also, why didn't he run to tell a teacher, or another person. He instead chose the wrong decision and watched the fight, laughing, while also recording it on his phone. I don't think its so much as instigation, more like failure to do the right thing. I know and everyone else knows that he was caught up in the moment, and we all get caught up, but it doesn't excuse the fact of how he behaved. He was I guess in a way "instigating the fight" in the sense that he was laughing and that may have either angered the girls more, or made them want to fight harder. At any length, he was in the wrong place at the wrong time, doing the wrong thing.
 
thats dumb. they shouln't charge him just for laughing. other people were their so why didn't they get in trouble with the police for not trying to stop the fight?
 
The fight occurred between two girls and there was a large gathering of kids, and yes it was a stupid thing to do, but the principal confiscated his phone in order to see if he could determine what went on with the fight, which I said was fine. NOW, the police have the phone, my son may now get charged with instigation because on the video, he can be heard laughing and did not try and intervene to stop the fight. The police will return the phone to the school when they have the video copied. How is this instigation? How was it my son's responsibility to stop the fight, and are they going to charge everyone who was laughing also? Is this illegal search and seizure? The principal said he is not in any trouble with the school, but it is now a police matter. What do I do?
There WERE teachers stepping in and one teacher snatched the phone out of my sons hand and ran off with it.
 
The instigation stuff is unfounded. The police did have the right to take the phone and impound it as evidence.

It is possible, in some states, to get charged with inaction under good samaritan laws is situations like this, but it is not usually applied to juveniles.
 
that's the biggest b.s. i've ever heard

they might as well arrest the whole damn crowd!!!

i'd get a lawyer asap. you and your son are being bullied.

you can send the damn video to the police via email or phone message to get your phone back... where do you live??

get a lawyer!!!
 
it's not illegal search as it was quite visible and siezure - usually schools don't allow students to have cell phones in class.

your son's laughter and that of the others was giving the girls the attention they were demanding with their fight. their not doing anything is against the moral code of conduct - the good samaratin law. i assume you are discussing the matters with your son - that being there and egging the girls on was not appropriate - that a true gentleman/responsible person would have tried to stop them or get a teacher involved.
 
thats dumb. they shouln't charge him just for laughing. other people were their so why didn't they get in trouble with the police for not trying to stop the fight?
 
The recorded fight was evidence. Obviously, the fight was bad enough to require police intervention. Since the phone was confiscated, you have not seen the recording, and therefore, really have no idea what your Son did. He may have been doing more than laughing.
 
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