Confiscating Video Evidence

Confiscating Video Evidence

Robert C. Phillips
DDA (Ret.)
January, 2020

The Question:

I am periodically asked whether officers can legally seize from private citizens videotaped or photographed evidence depicting criminal acts.  Such videos or photos are commonly contained in a private citizen’s video camera, cellphone, or iPad.  The video or photographic evidence typically is recorded by an uninvolved private citizen (although it may be the suspect himself) who either happened upon the scene of some incident or is a participant in a public protest or demonstration.  The video or photo may be of a criminal act in progress or of an officer’s use of force upon a suspect, or both. 

The question I get is; “If the citizen objects, can I legally seize such photographic, video or tape-recorded evidence anyway ”  My answer to this question has for a long time been:  “I haven’t the faintest idea.”  But recently, we finally got a case on point that describes what we can do legally in such a circumstance.

New Case: 

In a trial for reckless driving, the Fourth Amendment did not require suppression of evidence obtained from defendant’s dashboard camera which was seized following a collision between his vehicle and a motorcycle.  The officer’s belief that defendant was driving recklessly was supported by friction marks at the scene.  Also, the officer’s belief that defendant might seek to destroy the evidence was supported by his experience dealing with high-performance cars with dashboard cameras.  The fact that defendant removed the camera and placed it in his backpack, and defendant’s hesitancy to provide the camera, supported the officer’s belief on that issue, justifying the immediate seizure of the camera pending the obtaining of a search warrant to search it.  (People v. Tran (2019) 42 Cal.App.5th 1.)

On the issue of the ....

© 2026 Legal Updates, LLC.
This content is protected by copyright law. Republishing or redistribution in any form without written permission is strictly prohibited. For licensing or reprint requests, contact support@legalupdates.com.