Originally Posted By: CharlieBauer
I'm contesting a traffic violation and requested video of the incident.
I'm being told by the police evidence person that I can only view the video. I cannot get a copy.
I'm pretty certain I am entitled to receive a copy. But what wording do I use to get the video?
Well, I would say you're dealing with the wrong person. By all means, take the evidence officer up on the offer to view the video - take your cell phone or a video camera and just record it directly, so at least you have that.
If it's favorable to you, ask the prosecuting attorney to provide you a copy. He/she probably does not even have a copy of it yet, but they shouldn't have any problem with making you a copy. You can look at your states mandatory disclosure rule in your rules of criminal procedure, and move for the prosecutor to make that disclosure. If that doesn't extend to the video, subpoena it separately. Under the rules in my state, the prosecutor has a mandatory duty to disclose exculpatory evidence.
If it's unfavorable, hope that it gets lost.
I'm contesting a traffic violation and requested video of the incident.
I'm being told by the police evidence person that I can only view the video. I cannot get a copy.
I'm pretty certain I am entitled to receive a copy. But what wording do I use to get the video?
Well, I would say you're dealing with the wrong person. By all means, take the evidence officer up on the offer to view the video - take your cell phone or a video camera and just record it directly, so at least you have that.
If it's favorable to you, ask the prosecuting attorney to provide you a copy. He/she probably does not even have a copy of it yet, but they shouldn't have any problem with making you a copy. You can look at your states mandatory disclosure rule in your rules of criminal procedure, and move for the prosecutor to make that disclosure. If that doesn't extend to the video, subpoena it separately. Under the rules in my state, the prosecutor has a mandatory duty to disclose exculpatory evidence.
If it's unfavorable, hope that it gets lost.