Can EVIDENCE be destroyed by a COP ?

Moderators: admin, hwybear, Radar Identified, Reflections, bend, Decatur

ticket123
Newbie
Newbie
Posts: 18
Joined: Sat Dec 24, 2011 9:10 am

Can EVIDENCE be destroyed by a COP ?

by: ticket123 on
Sun Jan 01, 2012 3:23 pm

When one gets a ticket and at the time of the ticket, the COP had video taped the interaction, can the COP delete the video legally even though it holds evidentuary value should it go to trial ?




ticket123
Newbie
Newbie
Posts: 18
Joined: Sat Dec 24, 2011 9:10 am

by: ticket123 on
Sun Jan 01, 2012 11:20 pm

paul1913 wrote:It could, but how certain are you that he did do that?

I don't have that information yet, but curious to know if it will be provided to me, or if the answer will be they didn't save it because there is no need for it.

I will be asking for it in disclosure soon.




ticket123
Newbie
Newbie
Posts: 18
Joined: Sat Dec 24, 2011 9:10 am

by: ticket123 on
Tue Jan 03, 2012 9:36 pm

Reflections wrote:That would be an extremely strong accusation, you had better be sure that it happened if you intend to bring it up.

The cop stated to me that I was being video taped and audio taped, so unless he was bluffing, he did video tape me and audio tape me. I don't know whether a copy will still exist with my disclosure request. I am just curious whether they submit that as evidence, or just delete it.

Any x-copper know if they keep their tapes?


User avatar
hwybear
Moderator
Moderator
Posts: 2933
Joined: Tue Apr 22, 2008 7:21 am
Location: In YOUR rearview mirror!

Moderator

by: hwybear on
Tue Jan 03, 2012 11:04 pm

i have never seen the in car video system and sure there are a variety of ways they can be set up, which could include the disc or whatever might be on a continuous loop for 24hrs (such as many security cameras) and unless an noticeable incident happens then it isnt saved..... or maybe a 30 day save period and then the disc etc goes back to be recorded on again
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


User avatar
Simon Borys
VIP
VIP
Posts: 1065
Joined: Fri Apr 30, 2010 10:20 am
Contact:

by: Simon Borys on
Wed Jan 04, 2012 7:40 pm

Whether video evidence is destroyed because it's only retained for a certain amount of time or it's destroyed intentionally, the remedy is usually to make a lost evidence application (known as a Carosella application) and then ask for a stay or some other remedy that is within the jurisdiction of the presiding judge to grant. I'm not commenting on whether that would be appropriate or successful for your specific case, but that's usually what would happen.

I'd suggest you speak to a lawyer or paralegal about the possibility of bringing such an application.
http://www.boryslaw.ca
NOTHING I SAY ON HERE IS LEGAL ADVICE.


Post Reply
  • Similar Topics

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 6 guests