can anyone get a stores security video?

[deebackstrom]

Michigan
My brother was handcuffed, searched, and forcefully dragged from a store by the police due to one persons accusation that he had fled the scene of a hit & run accident. After police questioning and some investigation he was found to be innocent. The police did not follow legal guidelines in the matter and we are preparing a case against the police department. A copy of the stores surveillance video will be needed for the litigation but I do not yet have an attorney. Do I NEED a lawyer to obtain the video or will I be able to access it myself?

 

[Some Random Guy]

Anyone can ASK for a copy of the store's video, but they are not required to give you their private property without a subpoena or other court order. In fact, they are not even required to keep the video unless they have been formally notified that it is necessary.

So my suggestion to you is to get that lawyer as soon as possible so that the evidence can be preserved.

Also, when talking to prospective lawyers, be sure to find out whether the police really have any liability in this case for "not following legal guidelines". A mistake in identification by an eyewitness does not automatically mean a payout from the police department.

 

[deebackstrom]

Thank you for your reply "some random guy"!

 

[justalayman]

did your brother resist the officers attempt to arrest him? If they had probable cause to arrest him and he resisted, that had a right to drag him out of the store if necessary.

what legal guidelines do you believe the police did not follow?