Did I make a mistake in advising my dad to take the 5th?

My dad (79) goes hiking in state forests and prefers not wearing clothes. I don’t get it, but I know it’s not all that uncommon; some people just hate clothes.

About a month ago, he came across a game camera strapped to a tree. Feeling embarrassed, he erased the memory and then, in a stunning display of poor judgment, took the camera home.

When I examined the camera, I thought y’know what, there’s a reasonably good chance this is trackable; he should probably put this back or turn it in. Unfortunately, I didn’t act on this suspicion.

Sure enough, state police showed up yesterday with a search warrant. We turned over the camera, and the cop said, “Okay, so this all started about 8 weeks ago. We got a complaint about a nude party walking in the woods. And you can’t be doing that; it’s public property.” My dad indicated that he understood and it wouldn’t happen again. The cop then said, “And then this camera disappears, and we tracked it to here. We do have your photo on the camera… so do you want to tell me what all this is about?”

I piped up and said, “You probably shouldn’t answer any questions,” and the cop said, “Okay, no problem; you don’t have to, so you’ll be getting some paperwork in the mail,” and they left.

My thinking is when the police report that he wouldn’t answer questions, that may make it more likely that the DA or state’s attorney decides to go ahead and charge him, whereas this may have been one of those situations where if he’d just said, “Yeah, that was really stupid, I’m really sorry, I was just embarrassed and f’d up,” a lot of prosecutors would be less interested in pursuing the case against a 79-year-old retiree who’s never even had a speeding ticket.

So if I’m correct, now he’ll need representation. Did I cost my dad a shit ton of money?

> you can’t be doing that; it’s public property.

It is very likely true that your state’s indecent exposure laws apply in state forests and parks.

> “You probably shouldn’t answer any questions,” and the cop said, “Okay, no problem; you don’t have to, so you’ll be getting some paperwork in the mail,”

I never recommend confessing to police in the hope that they will not charge you with a crime after you make it very easy for them to do so. The police officer properly recognized that he does not have to answer police questions.

In the worst case, he gets a citation for public indecency or theft of the trail camera, and he takes a plea agreement for probation and has to return the camera.

> a 79-year-old retiree who’s never even had a speeding ticket

With a clean criminal record and this set of facts, a speedy and relatively inexpensive disposition is likely.

@Willow
Thank you so much; this is really helpful. He’s made an appointment with a lawyer for tomorrow morning.

Kiran said:
@Willow
Thank you so much; this is really helpful. He’s made an appointment with a lawyer for tomorrow morning.

The difference is your Dad might say I took the camera, admitting a crime. While the lawyer could argue he took the nude photos of himself that the camera gathered when it invaded what he thought was a private moment. Or some such.

Just a friendly FYI… state and National park rangers, as well as state DNR officers, use trail cameras to catch vandals, poachers, and other illegal activity. Those trail cameras instantly upload the photos to the officers/rangers and are equipped with GPS. Erasing the SD card does nothing because the images have already been sent.

No, you did not make a mistake. Your dad shouldn’t have talked to the police in that situation.

Shan said:
No, you did not make a mistake. Your dad shouldn’t have talked to the police in that situation.

whew

You played that correctly.

You generally don’t get police to leave you alone by confessing.

  1. It is never in your best interest to confess to a crime to the police. That was correct.

  2. It is absolutely very uncommon for people to walk around nude in a public place. That is definitely illegal behavior, and he should stop, now.

You did the right thing, but I worry about your dad’s behavior. At best, it’s weird. And if he ever came across any other people—especially minors—during his walk, he could be charged with a sex crime depending on where you’re at. He’s gotta knock that off.

‘Hiking in a state forest… Prefers not wearing clothes… it’s not that uncommon.’

Actually, it is very uncommon. I don’t think your Dad is hurting anyone, but it is pretty disingenuous to wave it away saying ‘it’s not uncommon.’

Rare cases, it is reasonable to have a frank discussion with police about crimes. Less than 1%.

Generally don’t be confrontational; act vague and confused; don’t refuse to answer, just act like you don’t understand.

They already know what happened. Not answering questions was the right thing to do. Refusing to answer questions can never be used against you in the US.

Stay quiet. Don’t make it easy for them.

If you tell them everything, you lose any leverage you have for a plea deal, and anything you say can be twisted and used against you.

No even close to the worst case scenario; he could be labeled a sex offender and required to register for the rest of his life.

Do your research. If it was federal land, the federal laws against nudity are vague. The definition of indecent exposure varies state by state. There’s a chance a good lawyer can get him out of the nudity charges depending on which state you’re in.

Never talk to the police without a lawyer.

Smart move. Don’t say anything they can use against you, because they absolutely will without hesitation.

The best advice I got from a lawyer is when speaking to the cops, remember 3 things. 1. Shut up. 2. Shut up. 3. Shut up. Any lawyer would tell you to do the same. You did the right thing; never speak to the cops, especially if you’re being investigated for a crime.

Maybe the mistake was not telling your dad to not tromp through the state park sunning his pickle… And then doubling down with some theft. Do the cops have the pictures?

say he is trans - boom, no charges