ABA Journal


Criminal Justice

Cops seize cellphone videos said to document fatal beating by deputies; did one get erased?

May 15, 2013, 02:03 pm CDT


Not a big deal. Obama and Holder can wiretap the AP so who cares if the police looks on a cellphone.

By tim17 on 2013 05 15, 2:57 pm CDT

The point isn't whether the police looked on the phone, the point is whether police destroyed evidence of a murder they committed.

By Hooraytheist on 2013 05 15, 6:15 pm CDT

I bought an Eye-Fi card just for this scenario.

By Greg Ohio on 2013 05 16, 3:00 am CDT

The use of a search warrant to seize the cellphone likely violated federal law (42 USC 2000aa). In the 911 tape, the lady clearly tells the operator that she intends to send the video to the news media, meeting the work product definition of the statute as material intended for dissemination to the public. The Sheriff's Office must subpoena the video, which also means that the owner would keep possession of a copy - which could then be sent to the media.

By ExCop-LawStudent on 2013 05 16, 4:01 pm CDT

That goes on in CA .

By Docile Jim Brady – Columbus OH 43209 on 2013 05 17, 3:22 am CDT

#4 - thank you for some useful legal understanding of the matter.

By Walt Fricke on 2013 05 17, 10:24 pm CDT

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