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ExCop-LawStudent

(147 posts)
13. Under the Privacy Protection Act, the seizure of the cellphones was illegal
Thu May 16, 2013, 06:09 PM
May 2013

Under the Privacy Protection Act, police cannot use a search warrant to seize video that is intended for public dissemination (42 USC 2000aa). They have to use a subpoena, and the owner of the video can get it back, with damages.

Once they know it is for broadcast, they have to use a subpoena, and if you listen to the 911 call, you hear the lady tell them she's going to give the video to the news media.

I wrote a more extensive post on it at my blog.

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