UPDATED: Manassas police won't serve warrant seeking photo of teen's penis
http://www.insidenova.com/headlines/updated-manassas-police-won-t-serve-warrant-seeking-photo-of/article_cb7c487e-07bd-11e4-bcd3-0019bb2963f4.html
Manassas police on Thursday afternoon said they will not serve a search warrant that would have ordered a photo of a city teen's aroused penis as part of a “sexting” investigation.
City police Lt. Brian Larkin said the warrant, which garnered national news coverage, won't go forward.
NBC 4 first reported the story last week, quoting a 17-year-old boy’s aunt as saying a magistrate signed off on a warrant and ordered photographs of the boy’s penis as evidence.
The teen, whom InsideNoVa.com is not naming because he is a juvenile, had been charged on Jan. 28 with manufacturing and distributing child pornography.
The charges stemmed from a complaint from a 15-year-old girl’s parents, who told police that the boy sent their daughter pornographic videos after “repeatedly being told to stop,” city police said in a news release.
A court date was set for June, but prosecutors dropped the charges.
Police later issued new charges of manufacturing and distributing child pornography, and a court date is pending. Manassas police on Thursday issued a statement saying it is up to prosecutors to decide if the case will move forward. Prince William Commonwealth's Attorney Paul Ebert declined to comment.
In an email, the juvenile defendant's attorney, Jessica H. Foster, said the detective investigating the case "petitioned a local magistrate to issue a search warrant authorizing him to take a pictures of my juvenile client's erect penis."
The magistrate issued the search warrant and Foster said a hearing was set for July 15 on a motion to quash it.
Foster said she had planned to oppose the warrant "because it is intrusive, illegal and an abuse of authority," Foster said.
The teen’s aunt told NBC 4 that the 15-year-old involved was her nephew’s girlfriend.