Criminal defense attorney Sara Azari joins The Doctors to discuss the troubling case of students sharing a naked photo of a school administrator.
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a student from a California high school has been expelled for taking and distributing a nude picture but it wasn't a nude selfie take a look multiple students have been suspended for a naked photo and video scandal involving an administrator at their Northern California High School the videos and photos were secretly taken in an off-campus gym locker room and then posted to snapchat the images quickly circulated around school and led to searches of student phones with a threat of suspension if they did not relinquish their devices many parents and students feel the school has gone too far and are outraged about their own invasion of privacy meanwhile the 17 year old student who secretly took the photo of the administrator was expelled and arrested on suspicion of invading someone's privacy and then later released to his parents so what would you do if your child was involved in a nude internet photo scandal and to help in our discussion of the story please welcome criminal defense attorney Sarah Azhari to the show [Applause] elements to this story a lot of layers yeah I mean look first of all we all have a right to privacy even students who are you know in high school they don't shut those rights when they walk into the school grounds so the issue here is to what extent can school administrators search a cell phone and there's two things going on here you've got the cell phone of the 17 year old who actually took the photo and then put it on snapchat and then you have the cell phones of all these other kids who weren't involved we're just from what you receive I can't just send messages and it's actually against the law to search phones of third parties to find evidence of the wrongdoing of the perpetrator so that was absolutely legal I'm assuming that the school is gonna face a lot of lawsuits for all those kids I don't know how you can possibly be a school administrator nowadays number one problem cell phones how do you even get people to pay attention in class and then preventing them from sharing all the scandalous information while we you know they have a right to try to retrieve all the photos out there but that's impossible possible and you know the problem that cellphones pose in terms of a search it's very different than a backpack or purse or something because there's no sections in a cell phone once you're in and you're passed the passcode it's very good it's illegal I'm just trying to figure out if you're the individual who's naked picture is now on everyone's cell phone and you want that gone forever I feel how can you legally go about doing that or is there a way because to me if you have a picture of someone on your phone of them naked that they did not want taken there has to be a way to make that go away because this person this administrator for the rest of their lives has nude photos and videos of them how do we actually there's in California where this happened there's a law called the erase bill which allows posts by minors to be retracted so you know it's very difficult for us if we post something to ever request it being taken off at once it's not going to happen right now but this particular bill allows my I guess the the logic behind it is that adults have a better sense of judgment of what they're posting no but I'm talking about this scenarios the minors thinking the adult so there's what are the terms for instance in court will be since you are a minor and you posted this you're gonna have to request that it be taken off all these platforms so if you never want to be caught by anyone you can never shower at the gym and a few weeks ago we talked about people saw drones outside their own bathroom so I guess we can't even shower in our own homes anymore Wow what is the world contract at the spa I mentioned this story to Justin Bieber and forth a tree I mean I was naked but he wasn't there was a reason for that and I did you take photos make fun with I had some fun with Justin oh yeah you know like I don't have my camera but but I hear where you're coming from I mean are you seeing more of these kind of cases as far as adults who there's photos out there of either party and somebody else posts them absolutely and then we just recently in the last few years in California have the revenge porn statute where people that are in a relationship consent to their naked photos being on the boyfriend of the girlfriend's phone once they break up that consent is no longer there but the other person out of spiked posts the naked photos and this this is a criteria they can't do that now since this situation is currently under investigation the school wasn't able to comment at this time stick around you