Legal Question in Criminal Law in California

My brother was detained for taking pictures of police officer's in action. He was only held in booking and never jailed. Yet he was cuffed and not read his rights. He still has yet to receive his phone, and the camera has not been reported by the police officer, thus now gone it seems. What should he do in this case? Is it worth it for him to contract a lawyer if he has very little money?


Asked on 3/26/13, 3:27 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

What the police did was illegal. Holding them liable will be more difficult. He can sue them in small claims court for the phone and the camera. If he does he should ask for additional money for being arrested illegally. If he has not done so already he (or better yet you) should call the police and ask for his property back. You may look at my blog, http://takingthefifth-acriminallawblog.com for cases that find that your brother has a legal right to tape or photograph the police. If you have any questions, feel free to call me at, no charge. at 415-336-7534.

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Answered on 3/26/13, 6:25 pm
Terry A. Nelson Nelson & Lawless

Does he need an attorney? Of course, unless he knows how to represent himself effectively against an experienced prosecutor intending to convict.

If he can't afford private counsel, apply for the Public Defender.

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Answered on 3/27/13, 4:20 pm


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