Q&A: Confiscating Property Used to Commit an Offense Without Authority
Confiscating Property Used to Commit an Offense Without Authority
Question
Hello Rabbi,
Recently I heard about a case of a soldier who secretly filmed girls in the train-station restroom by leaving his phone there in recording mode. One of the girls grabbed his phone when she happened to discover it. My question is: is she allowed to continue holding on to it? Or is only an authorized body allowed to do something like that, such as confiscation by the police?
Best regards,
Answer
She absolutely can. In my opinion, she could even break it if she does not trust the authorities to prevent the harm. This falls under the law of a pursuer.
Discussion on Answer
No, unless she is concerned about similar use and cannot rely on the police.
Rabbi, why is this considered the law of a pursuer?
He is pursuing her in order to harm her. Like an informer regarding property (whom it is permitted to kill). See also Maimonides at the end of the laws of One Who Injures a Person or Property.
If we assume she deleted the video in which she was filmed, and we assume there is no concern that she will be harmed, can she still continue to keep the phone?