Tape Taken By Cops

Status
Not open for further replies.
stillvague

stillvague

Active member
alright so i was filming skateboarding right. working on a video for a boardshop. my job i get payed to do so. cops come take my tape that i need. how do i get it back? can they even do that?
 
Did you have the right to film where you were?
What city are you in?
What were the circumstances?

Can't really tell much of anything without more detail.
 
im in boise idaho got a trespassing ticket as well didnt see the no skateboarding sign. wasnt skateboarding. if someone is going to try something im going to film it thats my job. there were about 9 or so people there no one got busted besides me and the photographer. took his memory stick and my tape. and now the manager of the joint is pressing charges on me and the photographer the skaters got off clean.
 
what are the rules/laws or general practise about filming if one is highly mobile.
Highly mobile meaning no lights or cables, but potentially a tripod. I sometimes just walk around with a DVX and its a new experience for me to have total strangers suddenly in my face wondering what Im doing. And its broad daylight? Im not on private property and I usually go where the tourist go to sightsee, here in the city of Boston. Im beginning to fear someone of authority might take my camera
 
broad daylight. was off the side of the street people walking around. someone had told us it was alright to be there. obviously not. was private property. besides that im wondering how its possible that they can seize my tapes that are property of mine
 
You need to speak to a local attorney. Even trespass does not give authority for the police to seize your property. They can arrest you, ask you to leave, etc.

Were it me, I would not have given them anything until they could produce written authorization for them to seize my belongings.
 
sooo whack. the skaters got off fine but you and the photog (who were doing no damage to the property) got charges pressed. what type of spot was it?
 
Stillvague - you are still vague. You must understand, especially if you are earning money as a shooter, that cities have laws about what and where you can shoot, and often permits are required. You haven't told us what the actual charges against you are. Apparently you were on private property (trespassing) if there was indeed "a manager of the joint" to press charges. "Someone had told us it was alright to be there" is a pretty lame statement - that's why there are permits and contracts. Was "someone" an agent of the property owner, or just someone hanging out on the street?

Saying "im going to film it thats my job" is not useful, either. Unless you're working for a shady organization, your job (or the job of someone at your company) includes more than just camerawork - it involves being aware of legal issues, knowing when and where you are allowed to shoot, dealing with public safety issues, getting releases from all the people you shoot (did you do that?), etc.

Some companies and shooters ignore all these rules, understanding that there are legal risks involved, and take the hit when necessary. But to be angry at the cops when you were clearly trespassing and violating who knows what other regulations is unproductive. If you tried to make the same arguments you make here to the cops, I can see them getting even more upset with you. If you are in a questionable situation, it's best to appease the cops in any way you can, be polite and appear eager to understand and follow regulations, and most of the time they'll be much kinder to you in return.

But if you want to be a professional, act like a professional, and know the rules of your profession. If you want to be in the skater crowd, sneaking into places to do your thing and running away when you need to, do that, but understand that you'll get caught from time to time and suffer consequences.

I don't know about confiscation of property in your area, and you may have a case to get it back... but you need to be clear about WHY it was confiscated and what the charges against you are. Videotapes can be evidence, though I don't know in your area what rules cover whether or not you're required to supply such evidence. You were committing a crime (trespassing), perhaps committing other crimes by shooting on private property, and gathering evidence of (and possibly instigating) the crimes of others (the skaters) by filming.

Just be careful and mindful, dude!
 
THoff - that's a nice document - but in this case I'd say it skirts certain issues by ignoring the distinction between "taking photographs" and "commercial use of photographs". Our vague friend was "working on a video for a boardshop" which may or may not imply commercial use, but if it does, requires various types of permissions and such beyond what news reporters or casual photographers need. I'm not saying it justifies the cops actions - but if Vague said "it's my job to shoot this for a board shop" to the cops than he eliminated the possibility that he was newsgathering or just taking shots for his refrigerator - which is what a good papparazzo (sp?) or investigative journalistwould know to say...

Anyway, I think part of the issue here (whether stated directly or not) is that the shooting may have been or looked like the reason for all the skating activity, rather than a photographer just wandering along, noticing something, and shooting it. As the entire operation was illegal, that would indeed place some liability on the shooter.

Another factor to keep in mind... likely much easier to grab the guy with all the camera equipment than the fast-zooming skaters!
 
Once they charge you, the materials will come back when you are acquitted OR serve your time, but it'll be a hassle. I would say chalk that one up to experience. We had tapes taken, and as we never asked for them back some a**holes at the station sold them to TV stations. Two went on max ex (girl shot in the head and guys riding fireengine toy into inferno of boxes) and one went on Nightline (jumping in footage). Based on my experience, get it back, but if you want more justice, get a lawyer or ride it out.
 
ullanta- im just about equally in the same spot after your lecture. i fully understand what i did and how i could get pinned for it. but thats beside the point. me and the officer got along quite well im not worried about the fine or the court issue i realize i might have to deal with it. since this is the THIRD time that it has happend to me. but never had property taken from me. was a simple question does anyone know how to get it back because that tape is how im going to be paying rent. i think your just being nieve. or maybe im just being "vague". never claimed to be a professional. not yet anyways
 
I don't know about the laws in your states but In MD in order for an officer to confiscate anything from you he has to place you under arrest. Police officers cannot just confiscate items without there being some sort of arrestable offense. However it is very possible that the officer took the tape from you knowing that you would rather give the tape then be arrested. He also might be using the tape as evidence against the other skaters even though charges hasn't been filed yet.
 
I suspect there are still some crucial details being left out of this. No disrespect intended, stillvague -- you may simply not know what's relevant enough to mention.

In any case, PerroneFord is correct; speak to an attorney.
 
By your response to Ullanta I can tell you don't want an explanation, only an answer... so HIRE a lawyer!
 
thanks for all your responses. there are some good points. im not trying to come off as a jerk to anyone i just dont see why i need an explination when i already know every reason why it happend. it was bad timing. just want to recieve my long lost tape. only law that was broken was trespassing. wasnt disrespectfull to the property at all. im just starting to realize that maybe i dont want to be a part of this project anymore. this is a HASSLE
 
Status
Not open for further replies.
Back
Top