ferndale police

[LuthienTheFallen]

i had a officer take my video camera tonight saying it was evidence for taping our show which they said had simulated sex acts ...my question is can they do that shouldnt they have just taken the tape and not the video camera??????????????? some help pls

[TomCat]

Did they ticket or arrest you in the commission of said "acts?" If not, they are acting in a "grey" area of the law. Their confiscation of your camera may be a breech of the law, and the "probable cause" rules may not apply to their actions.

Example, your car is seen swerving on the road at 2 am. They can search your vehicle under the presumption that they believe that you are "impaired." However, your personal property cannot be searched, such as a man who was seen staggering across his lawn at 2 am towards his house, cannot have his car legally searched unless he was seen, getting out of the car or seen driving it prior to his staggering being noticed by the officer(s), for drugs or alcohol.

The video may be inadmissable as evidence EVEN IF it clearly shows a sex act involving a 14 yr old chihuahua and a donkey...LOL, because it's not grounds for seizure unless it was known to have been used in the act by the officer making the complaint, or a complaint filing individual.

Good luck & I'll ask a cop friend or two of mine about that legality some more. It just doesn't sound like they had the right to to me.

[LuthienTheFallen]

no i never got a ticket, or my name even written down, i wouldnt mind if they just took the tape i can live with losing a 3 dollar tape but a750 dollar camera is bullshit, i had thought about calling the police and telling them it was stolen,by the police.. i know the chiefs pretty well from southfield, northville and roseville from building there police stations so i intend to ask them also....thanks dtc let me know what u find out

[Daniel]

I'd just call the department today. That likely won't help, but you should try anyway. Otherwise, I hope you know an attorney.

[Onyx]

I am not sure, but I thought they had to charge you personally with something to do that. I've heard of that happening when drugs were involved, but never with something like this.

It seems so ridiculous, more like something that would happen in my little backwards town.

I hope they return it.

[Ginevra]

Where and when specifically did they take the camera and film? Was it while you were using it? Was it at an event? Was it at a photo shoot at the club after the patrons had left?

However, no matter what you were doing, whether it was right or wrong, they can't just sieze your personal belongings unless you're (for instance) wielding a gun and are about to use it.g

[TomCat]

It sounds like BS to me. have you heard anything yet?

[Xaina]

Those ass holes broke my baby's camera and now they don't want to pay for it. What the hell is this country comming to?

[TomCat]

What a bunch of...umm, what's the word I'm looking for...Assholes. Yeah, 'd say that sums it up. :doh:

[LuthienTheFallen]

well i got the camera back broken, minus the video tape..the lt. seemed to think it didnt matter if it was their fault . after a few more minutes of useless babble from him he finally gave me a witnees sheet to fill out that it was broken, i left as calmly as possible and proceeded to go over his head by calling the chief of police. he wasnt in so i left a message asking if there was something that could be done besides small claims court or calling the problemsolvers. i guess ill see if he calls back tomorrow and keep this updated

[gothicmom]

Don't give up!

[LuthienTheFallen]

its amazing what a phone call can do to a persons attitude, the lt. called me back today much nicer after he had a talk with his chief and they are now supposed to fix it

[TomCat]

Kudos, way to be persistent. I'm glad that the 'Man" is bellying up to the bar!!