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Erasing digital recorder illegal?

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gettysburg

Regular Member
Joined
Mar 19, 2010
Messages
20
Location
SW Michigan, ,
I have not been on the forum for a while,but I just have a question that I've been thinking about for a couple days and thought maybe I could get some help. Some time ago a member posted about himself going to an auction.
He was confronted by law enforcement and during the exchange it was said that the leo grabed his recorder and tried to erase it. The member told the leo that would be unlawful. Here's the question part. What law specifically states that this would be illegal? Would it be considered tapering with evidence or what?
 
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Get2DahChopper

Get2DahChopper

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Dec 18, 2010
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65
Location
Warren. Michigan
Warchild & the Q are both correct.

That being said it is another thing to get a prosecutor to charge a LEO. They are often private attorneys contracted by a city to do the bidding of the PD. Remember they don't work for you [they are supposed to] and they are part of the problem at times.

This being the case it is very important to carry a very obvious recorder & and or video camera (they just have to work & can be second hand from where ever yard sale/ salvation army etc). Then have a stealth device that records them (video & audio). That way when they do erase the others & eventually send you on your way, you have evidence to get rid of these "bad apples".

People, most of us carry a backup sidearm correct? Why would an item that can defend your civil rights be any different?:eek::question:
 
L

lapeer20m

Regular Member
Joined
Jul 22, 2009
Messages
928
Location
Near Lapeer (Hadley), Michigan, USA
I was the guy at the auction.

That day I only had one recorder. These days I tend to still carry only one recorder unless I carry into what I consider to be sensitive areas. I carried three of them when we went to the gun buyback.
 
cmdr_iceman71

cmdr_iceman71

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Joined
Mar 16, 2010
Messages
409
Location
Detroit, Michigan, USA
Here's the real question, would any of the audio or video footage that is sent to some remote or cloud-based location be admissible in court?

I can totally see the courts having a fetish about the material in question remaining on the original recording device in order for it to be admissible.
 
eastmeyers

eastmeyers

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Joined
Apr 13, 2008
Messages
1,363
Location
Hazel Park, Michigan, USA
cmdr_iceman71 said:
Here's the real question, would any of the audio or video footage that is sent to some remote or cloud-based location be admissible in court?

I can totally see the courts having a fetish about the material in question remaining on the original recording device in order for it to be admissible.
Click to expand...

Well you could go after them civilly first, then once they settle, because they DON'T want it in court. Gift wrap it for the prosecutor, they have already admitted some sort of guilt. My $0.02. I mean your going to get less civilly, but its not about the money.
IANAL
 
TheQ

TheQ

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Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
cmdr_iceman71 said:
Here's the real question, would any of the audio or video footage that is sent to some remote or cloud-based location be admissible in court?

I can totally see the courts having a fetish about the material in question remaining on the original recording device in order for it to be admissible.
Click to expand...

It raises reasonable doubt. Court fetish for documented line of custody usually extends more to prosecution evidence. If there is no document trail defense can raise it as reasonable doubt.

This fetish doesn't so much apply to the accused who only needs to raise reasonable doubt.

As far as a civil case being the plaintiff I think such evidence would clear the evidence hurdle there as well (which is far less than reasonable doubt).
 
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Blk97F150

Regular Member
Joined
Dec 21, 2010
Messages
1,179
Location
Virginia
Here's a article that I read on this topic recently.

Miami Beach Police Ordered Videographer At Gunpoint To Hand Over Phone

Miami Beach police did their best to destroy a citizen video that shows them shooting a man to death in a hail of bullets Memorial Day.

First, police pointed their guns at the man who shot the video, according to a Miami Herald interview with the videographer.

Then they ordered the man and his girlfriend out the car and threw them down to the ground, yelling “you want to be f___ing paparazzi?”

More: http://www.pixiq.com/article/MIami%20Beach%20Police%20Ordered%20Videographer%20At%20Gunpoint%20To%20Hand%20Over
Click to expand...
 
C

craigm

Regular Member
Joined
Jan 21, 2010
Messages
109
Location
Michigan, USA
For those of you with a phone running HTC's Sense, one of the HTC widgets you can download is the recorder--just set the phone to lock immediately after turning off the screen and there's not much they can do. All you have to do is tap the little icon that says "Record". I just use it for taking notes and such but I think it'd do the job.
 
TheQ

TheQ

Regular Member
Joined
Aug 2, 2010
Messages
3,379
Location
Lansing, Michigan
craigm said:
For those of you with a phone running HTC's Sense, one of the HTC widgets you can download is the recorder--just set the phone to lock immediately after turning off the screen and there's not much they can do. All you have to do is tap the little icon that says "Record". I just use it for taking notes and such but I think it'd do the job.
Click to expand...

After the cop has you cuffed he takes your phone.

*crunch*

What recording? What phone?
 
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