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.
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?
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?
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-Servic...qid=1442338592&sr=8-3&keywords=wi-fi+sd+cards
