Video Evidence Confiscation

[Johnmelissa]

What is the name of your state?

CA If a neighbor, a participant, has a video surveillance system and the camera is directed at the area in which an event occurred, may and/or should the law enforcement officer or agency obtain the tape of the event upon being made aware of its existence?Should law enforcement obtain a search warrant or simply enter the home at the time of the event and confiscate the tape? If the tape shows the owner committing a crime, may the owner of the tape refuse to provide it to the police?

 

[CdwJava]

If a neighbor, a participant, has a video surveillance system and the camera is directed at the area in which an event occurred, may and/or should the law enforcement officer or agency obtain the tape of the event upon being made aware of its existence?Should law enforcement obtain a search warrant or simply enter the home at the time of the event and confiscate the tape? If the tape shows the owner committing a crime, may the owner of the tape refuse to provide it to the police?

If the evidence is known to the police, and they are not able to get voluntary consent to retrieve the item, they can seek a search warrant to seize the item ... provided they have sufficient cause to believe such a tape exists. They might also seize the item to protect it as there is a strong likelihood that the suspect might destroy the evidence if they did not seize it.

There are a few things they CAN do. What they WILL do really depends on the incident and what the police can articulate in the way of probable cause for the warrant.

They are unlikely to seize or seek a warrant for a fist fight between a couple of kids. They ARE likely to try it in the event of a serious felony.

- Carl

 

[tranquility]

That is a complex and interesting question. I know that, long ago, I "seized" evidence that belonged to a person who was not the victim or suspect. I'm not sure what my justification was beyond doing it. If I were to do a strict analysis today (now that I have more knowledge than my cop days), I don't know if I would seize things as readily.

I wouldn't enter another house to take a video. The police can surely subpoena evidence and a person who had evidence would have to turn it over. If the person destroyed actual evidence, that would be a crime if he did it intentionally.

Again, interesting question. If I had the time I'd spend some effort in research. It's too bad this time of the year is so busy for me.

Carl (CdwJava) may have some valuable and practical comments on the problem.

Info edit:
Well there you go. As I'm writing Carl answers. I agree with what he says.

 

[CdwJava]

That is a complex and interesting question. I know that, long ago, I "seized" evidence that belonged to a person who was not the victim or suspect. I'm not sure what my justification was beyond doing it. If I were to do a strict analysis today (now that I have more knowledge than my cop days), I don't know if I would seize things as readily.

Funny, I once did the same thing! A kid had taped a fight in a video parking store parking lot and I nabbed the tape from his player even when he refused. In retrospect, it would have been best to just smile, have him set the recorder on the seat of my car, and advise that we would all wait for me to obtain a telephonic warrant.


- Carl

 

[BelizeBreeze]

What is the name of your state?

CA If a neighbor, a participant, has a video surveillance system and the camera is directed at the area in which an event occurred, may and/or should the law enforcement officer or agency obtain the tape of the event upon being made aware of its existence?Should law enforcement obtain a search warrant or simply enter the home at the time of the event and confiscate the tape? If the tape shows the owner committing a crime, may the owner of the tape refuse to provide it to the police?

What was your professor's reasoning when assigning this question?

 

[Johnmelissa]

Compliment

Though I perceive absolutely no rationale for this question I will take it as a compliment. I very much appreciate your presumption that I possess sufficient intelligence to attend an institution of higher learning.

The question I posed is not related to theory or academics.

I do not understand your question, its context or its bearing in the aforementioned matter.