• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

video taken for evidence

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mike309d

Junior Member
What is the name of your state? Arizona

My brother was arrested, and I began to videotape the cop arresting my brother on my brother's property. Once the cop saw the camcorder. The officer stated on his police report, "As I was arresting the male subject, his brother began video recording me. I requested that officer X confiscate the recording device and the disc as it was now evidence."

I filed a complaint against the officers for taking my camcorder. I was given my camcorder back 2 days later, but my video tape was kept for evidence. Over the phone I requested for the officer to give me something in writing stating that he was going to keep my tape for evidence. The officer told me no. This same officer signed a doc stating he kept the camcorder for evidence and it was released back to me, but then he neglected to write down that the tape was kept for evidence. I had to tell the officer again, and this time the officer wrote down the tape is being kept for evidence.

ARS 13-120 and ARS 13-3919 and ARS 13-3921 under these a person would get a receipt of the property taken.

I received a letter from the Chief stating the officers didn't do anything wrong. The officers didn't have to give me a receipt because the camcorder was taken for evidence.

What happened to my fourth amendment right. Also, my brother talked to a lawyer regarding the police taking the camcorder. The lawyer asked my brother if it was related to the crime. My brother told him no, and that my brother was just recording my arrest. The lawyer then told my brother the police had no right to take the camcorder because it was not related to the crime.

What do you guys think? What are the laws what constitutes evidence, or does anyone have any links. Is there a law regarding the police have to give me something in writing stating they took my property as evidence.

Can anyone provide any phone numbers who handles civil cases in Arizona.
 


CdwJava

Senior Member
Personally, I don't see that they had a right to forcibly seize the tape/disc. However, AZ state law MAY permit this ... I doubt it, but it might.

They COULD have simply detained you and the camera while they obtained a search warrant ... I have done that before, and believe me, the guy holding the tape decided in retrospect that waiting the three hours for the warrant while sitting in a parking lot was a real huge waste of his time.

You can contact an attorney if you wish, but without any damages, you may not get one to take the case without money up front. Even if the officers were not authorized to seize the tape, the remedy may not result in anything more that the return of your tape.

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top