A large crowd of adults and about 35 to 40 9-year-old children witnessed a teenager climb over the outfield fence at Lynch field naked with a T-shirt covering his face. The teenager ran around streaking in the outfield until he jumped the outfield fence again and fled in a waiting truck.
The teenager had dropped his cell phone on the field. The truck was spotted a short time later at the Hingham bathing beach. Police spotted teenagers by the truck one of them was identified from a photograph found on the phone.
Oliver Sullivan, 18, was charged with one count of open and gross lewdness in Hingham District Court. Sullivan stated to the police that his friends dared him to streak and bet him $20 that he would not do it. Open and gross lewdness is a sex crime and a second offense would require registering as a sex offender. This type of charge can have a great effect on young man’s future; a conviction must be avoided at all costs so that this teenager does not have to answer for this charge for the rest of his life in job interviews and in filling out applications.
Another issue that this case raises is the right to privacy when it comes to a person’s cell phone. The police need to have probable cause and good reason to begin searching a person’s cell phone. This case is a little different in that the phone was lost by a suspect while fleeing and therefore the police can probably justify their looking into the phones contents. Where the police make an arrest and then begin to search through an arrested person cell phone then this would be grounds for a motion to suppress evidence.
Everyone is foolish and carefree as a teenager but foolish behavior which leads to charges of a sex crime must be handled very delicately. Frank Fernandez is a Boston criminal attorney who has years of experience in protecting the criminal records of his clients. To speak with a criminal lawyer now please feel free to call for free consultation 617-393-0250.