Cops Confiscate My Digital Camera... Legal or Illegal?

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M

Mezzano

Sicc OG
#21
Apr 25, 2002
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#21
KillaCityMizery said:
What if the cops you file the report with are the same ones that took the camera???Or what if they dont let you file a complaint???Or what if they just throw it away???If these cops are crooked enough to take somebodys camera then who knows how far they'll go.If you file a report.Ive tried myself to get badge #'s and names and the cops never give them to me or they just give me a wrong #.But i agree with you he needs to get badge #'s,names,and file a complaint.
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I feel you. But in a short-term, minor incident, I can't see any other way to resolve the situation. You NEED to file a complaint so that even if later you want to sue or get a court order, you have a paper trail so your claims seem credible. All you can do is hope it won't be destroyed (it probably won't, but it might) and keep trying.

Also, there is something called a "Pitchess motion" that can sometimes be used by people charged with crimes, and it allows the defendant to find out exactly what the officer who arrested him (usually it's in cases of resisting arrest/police brutality) has been accused of in the past, whether it has been misconduct, or racial profiling, or property theft, or whatever. That, to me, is the best reason to ALWAYS file complaints.

Also, there may be a civilian review board in your jurisdiction. If so, it's worthwhile to contact them and see what's up.
 
Poisonpen

Poisonpen

Sicc OG
#24
Sep 24, 2004
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#24
okay first off, did the officer ask 4 the camera or did he really snatch it from u? Please tell me that you got some type of info from the cops (badge number & patrol car #). If u dont atleast have that, u really dont have a voice to complain with.

The days of going to the police dept. and verbally complaining is DEAD, homie. Before u contact a lawyer and waste loot, you might wanna get a paper trail started on the officers. (that type of shit stays on the officers) Contact Internal Affairs and see what other type of mischief these officers been in and file a complaint there. Next, I'll hit up the ACLU (they eat this type of shit up) and see what rights were really violated. The ACLU always got soldiers lined up to fight the system. lol Whatever the case is its imparative to fill out some form of discrepancy against whoever u feel violated.
 
O

og MS

Member since 1997
#25
Apr 25, 2002
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www.killavalley.com
#25
i got the name and badge number of the cop that ended up with the camera and wouldn't give it back to me.. however i didn't get a chance to catch the name or badge num of the guy that snatched it. He swiped it... no asking for permission at all.
 
M

Mezzano

Sicc OG
#26
Apr 25, 2002
736
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#26
tell the police you want to submit a written complaint. i think that they are required by law to accept a written complaint, although i'm not 100% sure. CC the letter to the DA, the Public Defenders Office, and your lawyer. It's important to spread the paper trail, not only to establish your evidence but also to give 411 to others who may be able to help you w/out you even asking.
 
O

og MS

Member since 1997
#30
Apr 25, 2002
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www.killavalley.com
#30
Update: Got another call on Tuesday... and went down and picked up the camera. To my surprise all the pictures were on there... I'm sure they copied the memory card though... I may post up the pictures I was clicking off when they swooped my camera....
 
SLRider510

SLRider510

Sicc OG
#35
Dec 30, 2003
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#35
og MS said:
I happened to be out on the town enjoying New Year's festivities with my wife and friends. I happen to carry my digital camera for the evening, taking memorable shots and what not. As the event I attended ended, there were quite a few police in the area... rushing people out and urging them to go home. We made it across the street and waited for a few friends to make their way over and I notice two guys trying to box each other... looked almost like a slap boxing event lol, but it lasted about 15 seconds and the two were broken up as Event security stormed over there... then the police made their way over and tackled both of the guys lol... the situation was under control at this point... before the police intervened. They slammed the guys down and roughed um up a bit.. so I pulled out my camera and shot a flick and then a 2nd flick... one of the officers came to me and yanked the camera from my hands and said thanx for the evidence lol... and handed it off to another cop that immediately went to his patrol car... So i was in hot pursuit and demanded they give my camera back and demanding they had no right to confiscate my property. After all we were on public property (on a sidewalk) They finally wrote me the little receipt after threatening to arrest me and said I would get it back when the trial is done lol. The memory card was loaded with various family and friends pics that are not police business, however they'll see them being the nosey people they are. I feel my civil rights were violated. Has anyone run into a situation like this? I'll consult with my attorney this week. Were these cops in the right or wrong? Most likely they'll erase all my pictures in an effort hide their actions.
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you gotta grip your camera a littlebit tighter.. haha
 
3xLaZY

3xLaZY

Sicc OG
#38
Jun 2, 2002
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#38
at least you got your shit back bro. anyway, i'm a journalism major, and you have the right to photograph anything in public domain. cops can use the film for evidence, but i dont think it can be taken from you unless it's kiddie porn or something like that. so, i'm pretty sure they went against some policy or whatever...handle that shit, for everyone who's suffered from a cop abusing their badge.
 
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