A second witness ABC7 News spoke to says officers began confiscating cellphones from anyone who shot video of the incident. An officer asked for his cellphone after he shot video and the witness said, “Then he took my phone anyway because I didn’t want no problems. He emailed the incident to his phone.”
The first witness said, “They didn’t take no for an answer apparently because they pulled one lady out of her vehicle to get it, and she wouldn’t give it up and they were about to arrest her and finally they let her go because I believe she gave it up.”
However, a third witness told ABC7 News he was ordered to erase his video. So he did. He said, “They were being kind of controlling, like demanding, ‘erase your phone’ and they were trying to take people’s phones away.”
The American Civil Liberties Union says police officers may not confiscate or demand to view your digital photos or video without a warrant.
Antioch police told ABC7 News in a statement, “If a person is not willing to turn it over voluntarily, an officer can sometimes seize the device containing the video. The police would have to get a search warrant to retrieve the video from the device.”
I think the police need a warrant to seize the phone, period. I’m especially angry about the woman facing either giving up her phone or getting arrested, because I’ve been in that situation myself, long ago, when I refused to allow a cop to search my car, so he arrested me (without telling me what the charge was), and then told me he had a duty to search my car, because I’d just been arrested and he had to make sure there was nothing dangerous in my vehicle.
Our cops are out of control. Their “trained drug dogs” are trained only to give them excuses to search cars. They beat and kill people in situations that would put a normal citizen in jail for life. They act first in whatever way they wish, and twist the law later.
And the statists who run our government like it that way. Otherwise, it couldn’t go on.
In the meantime, the cops in California claim they can seize your cell phone without a warrant for filming them. For evidence.