12-year-old Girl Led out of School in Handcuffs for Mistakenly Photographing other Girl in Locker Room

A 12-year-old in Texas was led out of school in handcuffs for mistakenly snapping a photo of another girl undressing inside the locker room.

The girl said she was trying to photograph herself and another friend with her iPhone Thursday, thinking she had the reverse lens turned on which allows people to compose themselves in the viewfinder and snap a photo.

However, she had the lens turned outwards when she pressed the shutter, which captured another girl who was pulling down her pants.

The girl who snapped the phone immediately realized her mistake and deleted the photo, even showing the girl whose photo had been taken.

But on Friday, police walked into Channel ISD school near Houston, handcuffed her and walked her out to a police car where she was taken into custody.

She was then suspended for three days and ordered to attend an alternative school for 30 days.

According to ABC 13:

Lawyer Jack Carroll says the law protects the content that’s on your phone. He says the Constitution was violated when investigators took the girl’s phone to look for the picture.

“It’s like having a government official or a police officer look through your diary. You can’t do that without consent or a search warrant,” he said.

But KTRK legal analyst Joel Androphy doesn’t agree, saying the law is different because this occurred on school grounds.

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“Like when you enter the airport you give up many of your constitutional rights; when you go into school you give up many of your constitutional rights in regards to search and seizure,” Androphy said.

“They couldn’t find nothing, but they’re still saying that I did it,” the 12-year-old said.

The girl just wants to go back to school. She’s been suspended for three days and is being sent to an alternative school for another 30 days. She and her parents are appealing that assignment to alternative school.

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About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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