Evidence

[bruins28]

What is the name of your state (only U.S. law)? San Jose, California

Hi,

1. First of all, do police investigators ever lie to suspects about having evidence, such as surveillance tapes, to get the suspect to confess?

Anyways, a (former) friend of mine destroyed some of my property as a prank. I saw him as he ran away. I filed a police report, claiming him as a suspect, but the case was dismissed and no charges were pressed (I decided not to press charges after talking to my friend. I didn't want him to be arrested or convicted.) Now, I want to take him to court to pay for it, however, I do not have proof (besides the police report). So I guess it's his word against mine. Although, he told me the police claimed they had a neighbor's surveillance tape of him doing it, but they might have said that to get him to confess (right?). It just seems highly unlikely that any of my neighbors can afford surveillance...

2. If there really is a tape, am I able to obtain it from the police and use it as evidence in a small claims court?

3. Also, how long do police keep evidence (like surveillance tapes) in their files after a case is dismissed? When they do, are they discarded forever?

Thank you so much.

 

[CdwJava]

1. First of all, do police investigators ever lie to suspects about having evidence, such as surveillance tapes, to get the suspect to confess?

Sure.

Anyways, a (former) friend of mine destroyed some of my property as a prank.

We call that vandalism in CA.

Now, I want to take him to court to pay for it, however, I do not have proof (besides the police report).

The police report is not "proof". It might help if it has information that you can leverage to your benefit, but you would need that evidence or those witnesses to testify even in civil court.

So I guess it's his word against mine. Although, he told me the police claimed they had a neighbor's surveillance tape of him doing it, but they might have said that to get him to confess (right?). It just seems highly unlikely that any of my neighbors can afford surveillance...

Maybe they bluffed him ... or, a neighbor went to Wal-Mart and spent $100 on a system connected to their computer. These systems are inexpensive.

Had you cooperated with the prosecution, you could have gotten restitution awarded as a result of any conviction. Depending on how you got the matter dropped, you might have a hard time with a civil case. If you recanted your statement and denied you saw him, oops!

2. If there really is a tape, am I able to obtain it from the police and use it as evidence in a small claims court?

Maybe. You'll have to get a subpoena ... assuming the police report reflects that they have the tape.

3. Also, how long do police keep evidence (like surveillance tapes) in their files after a case is dismissed? When they do, are they discarded forever?

If they obtained an original, and the original owner wanted it back, they would probably return it to the owner as soon as it was requested or the department wanted to unload it. If they had a copy (not the usual method, but possible), they might hold it for a few years (likely at least three).

You can call them and ask if they have it.

- Carl

 

[bruins28]

Even if the police did have a tape, how could they have recognized it was him if they never met him? (He doesn't have a criminal record. And the incident occured at night. Plus, he was wearing a hooded sweatshirt.) The investigator only left a message on his phone one day, saying he's been caught on tape so he might as well confess. So, he never actually never talked to the officer.

 

[CdwJava]

Even if the police did have a tape, how could they have recognized it was him if they never met him?

They could have a picture of him, the neighbor coul dhave identified him, who knows?

If you want to sue him you can seek a copy of the police report and any evidence they have.

(He doesn't have a criminal record. And the incident occured at night. Plus, he was wearing a hooded sweatshirt.)

It could not have been THAT good a disguise since YOU recognized him.

In any event, if you want your money, take him to court. If the amount is small you'll be filing in small claims court. If he denies doing the damage and there is no independent witnesses or corroboration , you might very well be kicking yourself that you did not cooperate with a prosecution. In that case, consider it an expensive lesson.

- Carl