QUESTION

What can I do if the police beat me up and I need their video?

Asked on Nov 15th, 2013 on Criminal Law - Michigan
More details to this question:
I was walking down the road and the police had stopped me for a old warrant for driving without license they told me to stop and when I stopped walking they tasered me 4 times and 3 or 4 of them beat me up threw my head against the muffler of their car and so much more. I need to obtain the police videos how do I need to go about doing that without them saying, "there is no video".
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4 ANSWERS

John J. Carney
It would be very unusual for the police to taser you and beat you up unless you argued, refused their request, fought with them, or resisted arrest. They will not give you a video that does not help them if it is in their possession. Retain a good lawyer and tell him the truth about every detail or he will not be able to advise you, represent you, or act in your best interest.
Answered on Nov 19th, 2013 at 12:04 PM

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Michael J. Breczinski
First was there a camera in the car? Did you see one? This can be found out by your attorney in the criminal case.
Answered on Nov 19th, 2013 at 12:04 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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File a FOIA request (Freedom of Information Act) with the police department, or better yet, have an attorney do it for you. Consult with an attorney in your area that specializes in 1983 civil rights police brutality to review the evidence and see if you have a case.
Answered on Nov 19th, 2013 at 12:03 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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This "missing video" issue happens all the time. When an officer stops a vehicle for a bad lane change or improper turn without signal, or something like that, the video "malfunctioned" and/or doesn't exist. When the video supports the cops version of events, miraculously, there it is. I hope you have an attorney to assist you with this matter. At the very least you should file a claim and a complaint with the police department for whom the officers worked. As to the video, you or your attorney are going to have to fight like heck either to get it, or to have the police department demonstrate that the device(s) were not operating correctly, or destroyed the video. One thing to keep in mind is that not all police departments have videos in their vehicles. CHP does, but many if not most local agencies do not. So if the agency you are dealing with does not, you're just out of luck.
Answered on Nov 19th, 2013 at 12:03 PM

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