Cincinnati, OH asked in Civil Litigation for Ohio

Q: Is it legal for law enforcement to take the video card from my camera without my consent?

Apparently my camera captured illegal activity on it. When we went to check, the video card was gone. We thought the criminals had taken it.

Recently we found out it was shown in court at one of their hearings.

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1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Cleveland, OH
  • Licensed in Ohio

A: We need a little more information to answer your question. First, it is possible it was the defense, not the government that brought the video card in as evidence. Just like the government, the defense has an obligation to share any evidence related to an evident (except statements of the defendant). So, if they had it, they would have to share it. Second, if it was the government, how did they come into possession of it? If it was stolen or left at a crime scene, and the police recovered it, or if you turned it over to them, they could certainly investigate it.

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