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Thread: Can police confiscate your video?

  1. #1
    Regular Member Bill45's Avatar
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    Can police confiscate your video?

    Here's the scenario:


    You have to defend your self while out walking the dog (or whatever) and you have to defend your self. Whether you shot some one or not or an aggressive dog or not, you pulled the gun and the police have been called.

    So, you videoed the whole event. Will the police demand you turn over the camera and or video card? Do you have to trust them not to "lose" it. Can I demand to make a copy or down load it to my computer before surrendering it?

    I wear a small body camera when I OC and have wondered about this situation. I have felt in danger in off the leash dog situations on several occasions and pulled but not discharged my weapon. No police were called, in fact, as I kept the gun aside my thigh I do not think any one saw it on either occasion. The dogs were pit bulls and turned out to be friendly.

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    No. Not without warrant. But....... They don't always follow the rules.


    "I miss America"

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    Regular Member Alpine's Avatar
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    Stream to a remote site that's either password protected or can't be deleted or a site that starts cloning to several other sites.

  4. #4
    Regular Member Bill45's Avatar
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    Quote Originally Posted by Alpine View Post
    Stream to a remote site that's either password protected or can't be deleted or a site that starts cloning to several other sites.
    That would require a vastly more high tech set up than I have. Do they make such a thing that the average person can afford?

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    Regular Member Alpine's Avatar
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    Apps on your smartphone man. Cheap and some of them might be free now

  6. #6
    Regular Member Bill45's Avatar
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    Quote Originally Posted by Alpine View Post
    Apps on your smartphone man. Cheap and some of them might be free now
    Well, this may sound like I am from the stone age (I am) but I do not have a smart phone. Have no use for one.

    Keep it simple for me, that's why I carry a the same Colt 1911 I bought in 1974. I am amazed at my self for having the video camera.

  7. #7
    Regular Member Fallschirmjäger's Avatar
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    The only reason to confiscate private property while on scene is to eliminate incriminating evidence.
    If it's going to be introduced at trial, it would be properly subpoenaed to ensure a chain of custody.

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    Have no use for one.


    I think you answered your own question.



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    Regular Member Boomboy007's Avatar
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    First you get a pair of Bluetooth glasses like these: https://www.amazon.com/dp/B0152YS3TS..._v789vb8WWAV31

    Then you download a streaming video app like Bambuser, and you can stream the video as you record it to a public or private storage space. Don't forget to share your account info with a trusted friend in case you end up disappeared. [emoji12]
    Last edited by Boomboy007; 09-15-2015 at 04:01 AM.
    "The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson

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    Moderator / Administrator Grapeshot's Avatar
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    Can police confiscate your video? Of course they can, but should not do so illegally.

    Can = able.
    Last edited by Grapeshot; 09-15-2015 at 06:07 AM. Reason: added
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  11. #11
    Regular Member twoskinsonemanns's Avatar
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    Sure. Exigent circumstances. The clowns in the SCOTUS give the police soldiers broad authority and the benefit of the doubt.
    "I support the ban on assault weapons" - Donald Trump

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    Regular Member sudden valley gunner's Avatar
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    Don't volunteer you have video. Talking to cops and saying any more than you have to is dangerous.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Campaign Veteran MSG Laigaie's Avatar
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    Quote Originally Posted by sudden valley gunner View Post
    Don't volunteer you have video. Talking to cops and saying any more than you have to is dangerous.
    THIS IS TRUTH!!!

    You have the RIGHT to remain silent..........EVERYTHING you say(or do, or video) will be used against you. Make a copy, give it to your attorney, THEN share with LEOs.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Campaign Veteran MSG Laigaie's Avatar
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    found this in the mail

    http://www.gundigest.com/concealed-c...&rid=235846409

    It is common advice among lawyers and judges that when first confronted by the police after a self-defense shooting, you should say nothing. That’s because anything you say “can and will be used against you” in a court of law. That is true, of course. But the fact of the matter is, if you are tried for an alleged criminal act associated with your use of deadly force in self-defense, you are likely going to have to testify in court anyway.

    I don't conceal, so discount this word and look at the rest. Dead guy with holes in his chest and a great blood loss. Now what.
    Last edited by MSG Laigaie; 09-15-2015 at 12:29 PM. Reason: spelig and fat fingers
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

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    Regular Member Alpine's Avatar
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    Quote Originally Posted by Bill45 View Post
    Well, this may sound like I am from the stone age (I am) but I do not have a smart phone. Have no use for one.

    Keep it simple for me, that's why I carry a the same Colt 1911 I bought in 1974. I am amazed at my self for having the video camera.
    Unless you purchase some kind of device capable of transmitting your video/audio to a secure location, then there is no way for you to prevent the police from destroying evidence if they choose to do so.

  16. #16
    Regular Member Difdi's Avatar
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    First off, I'm not a lawyer, so take this with a grain of salt and consult your own lawyer before expecting it to work in court. That said, I'm well read on the subject, and the law is pretty clear in this area.

    Quote Originally Posted by Bill45 View Post
    So, you videoed the whole event. Will the police demand you turn over the camera and or video card? Do you have to trust them not to "lose" it. Can I demand to make a copy or down load it to my computer before surrendering it?
    Quote Originally Posted by twoskinsonemanns View Post
    Sure. Exigent circumstances. The clowns in the SCOTUS give the police soldiers broad authority and the benefit of the doubt.
    Can they? Yes, they are physically capable of seizing the memory card/camera and equally capable of shooting you for it if you object.

    May they? Depends on the circumstances.

    There are several ways police can lawfully seize a camera/recording. Simply claiming that it is evidence is not one of them.

    The most common lawful way is seizure incidental to arrest. When you are booked and jailed, any property on your person is cataloged and locked up pending your release from custody. But just as they must return your wallet when you are released, they must return a camera as well. While a camera is in custody, police need a warrant to view its contents.

    If the camera was used to directly commit a crime, such as child pornography or upskirting, police can seize it as evidence during an arrest (though more commonly while executing a search warrant), though if they lack a warrant they need one to view the contents of the camera.

    If police reasonably believe that if they don't seize it, the recording will be destroyed, they can claim exigent circumstances and seize it. They still need a warrant to view the recording, however. Note that a mere hunch or a prejudice against the photographer is not reasonable suspicion, there must be a plausible, articulable explanation for why the circumstances are exigent. Telling an officer you plan to post the video on your YouTube account or supply it to your lawyer as exonerating evidence if you are arrested for the incident are both enough to destroy any claim of reasonable articulable suspicion.

    If police have a subpoena they can compel you to make a copy for them, but a subpoena is usually not sufficient to compel you to turn over the original, especially if you need it as evidence for your defense.

    If police have a warrant, they can seize the camera, memory card and all. However, under federal law, if you intend to use the recording for journalistic purposes (posting to YouTube or on your blog count) then a seizure warrant is invalid and the police may only seek a subpoena for a copy.

    In all cases, police may not destroy or tamper with the recording without a court order explicitly authorizing them to. Doing so without a court order violates RCW 9A.72.150 which is a gross misdemeanor. Note that an order by police for you to delete evidence is not a lawful order (since it is an order to commit a crime) and you are not obligated to obey it.

    Of course, if the police DO violate the law, who are you going to call to complain, 911?

    Quote Originally Posted by Bill45 View Post
    Well, this may sound like I am from the stone age (I am) but I do not have a smart phone. Have no use for one.
    Apps like Bambuser are good if your phone can run them. You can also get an SD-Card for your camera (assuming it can use one) that is wi-fi enabled. Simply having a Dropbox app on a phone with a data plan does the rest.

    If your phone can't, it might be time for an upgrade. Now you DO have a use for one.

    http://www.amazon.com/Memory-Service...wi-fi+sd+cards
    Last edited by Difdi; 09-15-2015 at 01:38 PM.

  17. #17
    Regular Member Fallschirmjäger's Avatar
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    Quote Originally Posted by twoskinsonemanns View Post
    Sure. Exigent circumstances. The clowns in the SCOTUS give the police soldiers broad authority and the benefit of the doubt.
    Please define what 'exigent circumstances' means to you. Most of us are probably only familiar with the definition in US v McConney.


    'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.' United States v. McConney, 728 F.2d 1195, 1199 (9th Cir.), cert. denied, 469 U.S. 824 (1984).

    I think it would be hard convincing a judge and jury that someone deliberately recording an event was doing so with the intent of destroying the record of what he was deliberately recording.

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    Quote Originally Posted by Difdi View Post
    First off, I'm not a lawyer, so take this with a grain of salt and consult your own lawyer before expecting it to work in court. That said, I'm well read on the subject, and the law is pretty clear in this area.

    If police have a warrant, they can seize the camera, memory card and all. However, under federal law, if you intend to use the recording for journalistic purposes (posting to YouTube or on your blog count) then a seizure warrant is invalid and the police may only seek a subpoena for a copy.

    http://www.amazon.com/Memory-Service...wi-fi+sd+cards
    ok . . . I use a camera and I post photos and videos on youtube and on my blog. What is the federal law that prevents them from seizing my camera, if any, if I may ask?

    that is interesting!

    z

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    Regular Member Dave_pro2a's Avatar
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    I posted 3 links to real life example of LEO confiscating video.

    Some with accompanying arrest and harassment.

    Some with resulting settlement information.

    Truth: fairly worthless now a days when there exists a protected class.
    "I'm just a no-account screed-peddler" Dave Workman http://goo.gl/CNf6pB

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  20. #20
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    if you are tried for an alleged criminal act associated with your use of deadly force in self-defense, you are likely going to have to testify in court anyway.


    Under what authority?

  21. #21
    Regular Member Freedom1Man's Avatar
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    Can they do it legally?

    99+% of the time, no.

    However the police do not allow the law to stop them from doing whatever they want to do. Example, it is not legal for them to issue traffic tickets in an unmarked/improperly marked police car, do they do it? Yes, all the time.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  22. #22
    Regular Member Bill45's Avatar
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    Thanks for all your replys.

    You all have answered my question. The police can confiscate but not legaly. So best policy is to not tell them you recorded anything. Let them find out from my lawyer.

    I asume the cops could try to be clever and ask you to surrender it, then you can refuse and they legally would have to wait for a search warrent.

    Best to keep quiet about the video.

  23. #23
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Bill45 View Post
    Thanks for all your replys.

    You all have answered my question. The police can confiscate but not legaly. So best policy is to not tell them you recorded anything. Let them find out from my lawyer.

    I asume the cops could try to be clever and ask you to surrender it, then you can refuse and they legally would have to wait for a search warrent.

    Best to keep quiet about the video.
    My go to legal guru (OCDO member User) says it this way: KYBMS = keep your big mouth shut!
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  24. #24
    Regular Member OC for ME's Avatar
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    Quote Originally Posted by Bill45 View Post
    Thanks for all your replys.

    You all have answered my question. The police can confiscate but not legally. So best policy is to not tell them you recorded anything. Let them find out from my lawyer.

    I assume the cops could try to be clever and ask you to surrender it, then you can refuse and they legally would have to wait for a search warrant.

    Best to keep quiet about the video.
    Please research "two party consent."
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Regular Member Grim_Night's Avatar
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    Quote Originally Posted by OC for ME View Post
    Please research "two party consent."
    Two party consent does not apply when recording government officials and employees while performing their duties in an official capacity such as recording police while they are on the job.
    Armed and annoyingly well informed!

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    2) Liberals are never satisfied.

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