Legal Question in Criminal Law in California

If my apartment was broken into, am I legally able to obtain surveillance footage of the incident?


Asked on 4/10/12, 4:17 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

ABLE to? Sure.

You might have to file a lawsuit to compel production. That all assumes that video exists.

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Answered on 4/10/12, 4:42 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Nelson is right. Whoever owns the video is not required to give it to you just because someone broke into your apartment. They might do so willingly if you ask, but my guess is that you have already asked and have been turned down. If the police are investigating the break-in, you should tell them about the video. They will probably want to see it, and its owner may be more cooperative with them.

If these approaches don't work, then you will have to go to court. But you will need a viable cause of action, and you will need to name the right defendant. Suing the owner of the video for failing to let you see it likely won't work unless the owner has a duty to show it to you. You could sue the intruder but, unless you know who it was, you will have to sue him as a John Doe. You could then subpoena the video. That will involve time, expense and effort. Depending upon the facts, it might not be worth the trouble.

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Answered on 4/11/12, 12:06 pm


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