I got arrested for trespassing, and the police took a video tape from me as evidence - can I get it back?
I need the tape back as soon as possible - how do I go about doing this? (The tape had a class project on it, and it's due Tuesday.)
Answers:
You can't get it back but you probably can get a copy of it. If you have an attorney they can demand a copy and it should be ready soon. Call and ask.
If you were arrested as you claim, I can almost without a doubt assure you they would have read you your rights.
You were probably just detained. They can hold you up to 24 hours without formally charging you with a crime.
As far as getting the tape back, it's highly unlikely.
Once the police are ready to release it because it is no longer evidence then you can get it back. Go to the police station and ask for it, but if they refuse then your lawyer will have to file a request with the court.. then a judge can order that your property be returned.
If the tape is evidence, you may get it back after the trial.
Have your attorney ask.
You will not get your tape back by Tuesday if ever.
If you're going to court, no, you can't have your tape back. It's evidence. Speak to your lawyer about the rights business (see Miranda rights at Wikipedia http://en.wikipedia.org/wiki/miranda_war...
Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. A statement by the suspect will not constitute admissible evidence unless the suspect has been advised of and waived their "Miranda rights".
You'll probably get in more trouble if you get your hands on that tape some how for tempering with evidence. I don't think you can get it back. May be if whole court stuff gets done. May be.
You should be able to get it back. My father is a retired cop and you would have to go to the evidence division and request that you get it back.
The police do not have to read you your miranda rights until they begin questioning you in custody. Don't trust what you see on TV as real law.
How did they take the video. They can't take things without probable cause and a search warrant, unless they caught you in the act!
If it was taken legally, and it probably wasn't, you need an attorney! Otherwise it will probably never be returned!
The tapes evidence. Ask for it after the trial. The police do not have to read you your rights unless they interrogated you. Seventeen is old enough to know better and I suspect old enough to get arrested in Michigan.
you don't have to be read your rights unless you are being questioned. It's doubtful that you will be able to get the tape back the fast.
Sydney, You are leaving pertinent information out of your story for anyone to answer your question. for example, for what reason did the police take the tape from you in the first place. that goes a long way to determining if you can get it back. Where you taping something while you were tresspassing that you had no legal right to tape? if so, then you can forget getting it back. If it was a tape you just happened to have with you while you were tresspassing, there was no reason for the police to have taken it in the first place.
You need to give a lot more "Truthful" information concerning
a) the tape
b) why it was taken from you
c) did the tape have anything to do with where and why you were tresspassing
Without that info I can only hazard a guess... Since the tape was "evidence" of your trespass... the tape must show you on the trespassed property. Which probably means that you were trespassing while taping something on the property for your "class project" ( kinda like a a PETA activist breaking into a lab to tape the "suffering" of the lab animals)
If something like this is the case (you taping something for a project on property you had no legal right to be or tape). Then you are not going to get the tape back.
If the project is something totally unrelated and your trespass taped segment was something after, then you will possibly get the tape back after it's evidentiary use is over.
and on another note: Reading of Rights.
They do not have to read your rights to you when you get arrested. Thats an urban myth created by inaccurate TV cop shows and movies.
They have to read you your rights when they intend to question about a crime and you are or could be a suspect.
If you are being arrested solely on evidence (such as getting CAUGHT tresspassing on the Property) They have no obligation to read you your rights.
Back to your original question.. If you pose the additional info I requested, I will try to give you a better answer
UPDATE:
Ok, You may or may not be able to get your tape back. Personally I see no reason why you shouldn't (after it's evidentiary value is done). But one bit of advice... You need to drop the "...But there weren't any 'no trespassing' signs..."
That is just you and your friends playing (or being) stupid.
There does not have to be a posted sign or a lock for you to know you should not have been there. ESPECIALLY after the news reports of other trespassers and vandals at that site that you were fully aware of. If I leave my house unlocked... does that mean it is legal and ok for you, a stranger, to just walk in and hang out? start filming in my home? NO. it doesnt. Now the construction site may not have been a home but it IS "Private Property" and the same laws apply.
By your own additional information, you knew full well that you should not have been there, lack of trespassing signs notwithstanding.
You should eventually get your tape back. But the Cops are right. it was your own fault that it got taken away in the first place. Even if you get it back... it won't be in time for your project. That being the case.. is it worth your time and trouble to get back a tape that costs just a couple bucks.
Chalk it up to "lessons learned" and next time use better judgement on where you decide to do your filming.
The Cops were in the right and did exactly as they should have. You and your friends were in the wrong. period. end of story.
Next time. contact the owner of the property you want to shoot video on. explain what it's for (school project, etc..) and get permission. You may not havew got it in this specific case due to safety concerns at the site but if so you should not have been there at all.
you will not get the tape back until your case is resolved.it is evidence of your tresspassing
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