I’d have a beef with a search warrant of the phones too. I think they would need to show that the phones have evidence of a crime, or were used in the commission of a crime, and BTW what crime do they think happened anyway, etc.
That said, I’ll bet a day’s pay that we eventually see a picture of one of the “youths” with a big smile on his face poking a stick between the bars, or somesuch.
The evidence of a crime is the slingshots these two had with them. What the h*ll do you need with slingshots at a zoo? I think they were tormenting this animal.
I would guess manslaughter is a possibility.
If they created the situation in which a reasonable person could assume someone could be hurt or die, then that is a crime.
A search warrant would be reasonable.
(1) Against the Zoo director if 'reasonable care and standards' weren't met?
(2) Against the lads themselves?
(3) The snack bar employees who denied them shelter?
If there are any witness statements showing these lads were 'taunting' the beast, then there would be the 'probable cause' needed for a warrant to be issued.
The mere fact the lads haven't offered an explanation to the investigators is building block to help reach the level of suspicion needed to have 'probable cause'.
The bottom line is there is a young man who died as a result of ...?
The People of the State, thru their elected DA have an interest to know how this death came about.
(I offer this gingerly as I know there a whole bunch of attorneys on this panel, but that's the way I see it)
If the boys contributed to the situation, it would be akin to a vehicular manslaughter charge, would it not? Their actions directly resulted in the death of another -- whether voluntary or involuntary.
If they sue the Zoo, the Zoo can ask for them in discovery. If they don't produce the pictures for the defense, the defense can say they show anything they want to, and the jury will be instructed to take it as fact.
In Civil litigation there is no such thing as the fifth amendment. If they refuse to answer any question, the jury also takes it as fact whatever the defendant claims.
If they erase or destroy the pictures, it is the same as refusing discovery. They will be in a world of hurt.