Video Evidence: An Officer’s Right to Seize It; A Person’s Right to Record It

Video Evidence:  An Officer’s Right to Seize It;
A Person’s Right to Record It

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

The Question:

I am periodically asked whether officers can legally seize from private citizens videotape or other photographic evidence depicting criminal acts.  Such videos or photos may be contained in a private citizen’s still camera, 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: “Can I legally seize such photographic, video, or tape-recorded evidence, even if the person objects ”  My answer to this question has for a long time been:  “I haven’t the faintest idea.”  But now we finally got a case on point that describes what we can legally ....