Police noticed I was recording him...

[Chodeys]

In California, I'm 22. I saw a police officer yelling at a girl making empty threats, and I thought it was a good idea to record it because it seemed unreasonable for him to act in such a way. The officer noticed me recording it and took my phone out of my hands and said he was going to take me to jail for some reason I didn't understand. He went into my phone and deleted the video and said he was going to take it into evidence, again for an unknown reason.

I'm just curious if that is allowed in any case? As a spectator, to take my phone and delete a video that obviously was showing him acting out of line. Should I file a complaint? There was ten or so other people that saw this also.

[justalayman]

what state were you in?

did you record audio?

was the incident viewable from public property and were you on private or public property?

If private property, who owned it?


edit:
Ignore the first one, I see Cali.

but, as a general answer while waiting for the other answers:

no, he does not have a right to do what he did.

[Chodeys]

It was a hotel that they came to break up a small party in California

[justalayman]

and?????????????????

[CdwJava]

No, the officer generally is not going to have the right to seize your phone and delete your video. You and any witnesses might wish to speak to the police department and report his conduct. I know that if any of MY officers did this, I would want to know about the conduct.

- Carl

[justalayman]

Originally Posted by CdwJava

No, the officer generally is not going to have the right to seize your phone and delete your video. You and any witnesses might wish to speak to the police department and report his conduct. I know that if any of MY officers did this, I would want to know about the conduct.

- Carl

private property. most likely recording audio. california.

not able to confiscate? is not recording audio against the law especially when on private property without notice?

I can see the no delete but if that was in lieu of arrest, would you go for it then?

[dave33]

Did you get any of the witnesses information? If so than maybe you all could file a complaint. If not than yes, file a complaint.

[Ronin]

File a complaint...

[CdwJava]

Originally Posted by justalayman

private property. most likely recording audio. california.

not able to confiscate? is not recording audio against the law especially when on private property without notice?

I can see the no delete but if that was in lieu of arrest, would you go for it then?

The officer cannot seize private property without cause. I see no legal cause to seize the property much less to erase it.

The audio recording would have been perfectly legal as there was no expectation of privacy in a group setting such as that.

The officer would appear to have been way out of line and out of policy.

- Carl

[justalayman]

Ok. I'll go with your position.

[HappyWanderer]

No. The police cannot delete the recording. If it is evidence in any crime, it is a crime in and of itself to destroy it. I bet money you would be arrested for the destruction if the shoe were on the other foot. There is no justification, there is no excuse, no chance, no way. The cop won't be arrested for his potential crime, nor will he get much punishment, but that's the way the system works.

Make a complaint. Save the memory for recovery, hurt the cop who tried to destroy evidence. I suspect he was trying to protect his potentially illegal actions, but you didn't give enough information. But, why else would he destroy another person's property?

One problem is is that you should see an attorney first. YOU may have broken the law in the recording. There is NO DOUBT the cop was in the wrong as he has NO EXCUSE WHATSOEVER to destroy the data. But, you need to protect yourself first and recording in CA may be a problem.

The cop is in the wrong and should be punished. The cost to you may be greater then what you want to pay and you should judge the next action accordingly.