Whenever something goes down, or an incident happens, people always pull out their cell phones to start recording video. I wonder if these people are aware that their cell phones could become evidence of the crime occurring and can be taken away from the owner. It always cracks me up when I see amature crime reporters out there using their cell phones. Keep your cell phones put away!
Your cell phone could be subpoena'd
- Thread starter Rosyrain
- Start date
Ha, that's an amusing thought! Of course any footage would be evidence and I don't think anyone realises this. I don't think filming crimes is in good taste anyway, there is absolutely nothing to be gained by gloating over other people's mistakes so I think it would serve them right!
Shimus
Well-Known Member
The reason these people don't care is because they have cloud and backup devices. News is not meant to be stopped.
Mackmax
Well-Known Member
I think that is the whole reason why people record, so that they have evidence of what happened. Sure, their phone could get taken away, but their recording of the incident could help someone get the justice they deserve, so who really cares? I'd record a crime taking place if it meant that it could be used in court against the culprit, even if it did get my phone withheld by investigators. Sometimes, the people who record get a small sum of money for providing so much evidence and information to the police.
mrsbright
Well-Known Member
Like Shimus mentioned: a lot of phones send the data right away into the cloud once it is filmed. Without people filming crimes and altercations with the police, we would not have so many proofs of police brutality and malconduct, either.
The only thing I don't agree with is releasing videos of victims getting humiliated for all to see without consent. This can ruin the life of people, far more than the simple event, since the internet never forgets.
The only thing I don't agree with is releasing videos of victims getting humiliated for all to see without consent. This can ruin the life of people, far more than the simple event, since the internet never forgets.
Kittyworker
Well-Known Member
Its more likely that the data would be subpoenaed and not the actual phone. Its quite easy to just transfer the video off the phone and return it to the owner. A couple times when fights broke out in my neighborhood and I managed to capture it on my phone the police requested I make them a copy. Most cop cars have a laptop in them here and all they had to do was copy it off my phone onto that. They didn't even take my phone to their station.
So if you refuse to volunteer the data off the phone there is a good chance you will get the phone subpoenaed, but otherwise they are only after the video and wont take the phone unless its absolutely necessary.
So if you refuse to volunteer the data off the phone there is a good chance you will get the phone subpoenaed, but otherwise they are only after the video and wont take the phone unless its absolutely necessary.
Shimus
Well-Known Member
Any media could technically be Subpoena'd if it helps (or doesn't) in the cases involving law enforcement. I've seen an equal number of videos of policemen in our forces telling people to shut off their media or it will be taken, but doesn't that infringe upon our rights? I believe we have a rule or two in there about that...
Laura Greenbrier
Member
They may not be gloating. Perhaps it's an area that has had issues with alleged police brutality. The filmer could be filming out of concern that another suspect not be harmed during their encounter with officers. My own opinion is that sunshine is the best disinfectant. The recent interest in police body cameras is a step in the right direction to add transparency and ensure an accurate portrait of the encounter between suspect and police is available.
I have mixed feelings about filming police interactions. On the one hand, if there is some misconduct by the police officer, then there is a record of it and that is a good thing. On the other hand, if someone is just filming to be nosy or for no good reason, then they should stay out of it and let the police do their job. Each situation is different I suppose.
JoanMcWench
Well-Known Member
Wouldn't it be better if you filmed a crime & that video helped arrest/prosecute the right person who commits the crime? The positives outweigh the negatives for me personally. Most people are videotaping to put it up on YouTube or show it to their friends. They're not really thinking it could help an investigation in any way.
Gabe
Well-Known Member
I would imagine most people that film such things would offer it up for evidence as that's why most people do it. The police would ask if there are any witnesses and that's when people come forward or realize they filmed something by accident. Few would need a subpoena unless someone had told them that had a video and some may ask for the phone rather than a copy for verification to ensure there has been no video tampering if it is used in evidence.
Determined2014
Well-Known Member
That is a good one, I have never thought of that, and I am sure people never think of it from that aspect,I do not think I will ever involve my self in such, like you said , we should keep our cell phones away.
Its not something I've ever done so this thought never came to me. But yes that would be quite a pain your phone being taken. What's the point in risking it for a bit of fun?
Profit5500
Well-Known Member
Well I can understand if its an officer gone mad. If it is just a rightful arrest then keep the phone away. Otherwise you would end up getting arrested.