Legal Question in Criminal Law in California
Police recorded my arrest for TV show
I was arrested for Consumption on
the Beach. I was walking with a red
cup in my hand with beer in it. I
passed several officers during the day
and thousands of other people with
red cups did as well. no cops said
anything. There were no signs
indicating it was not ok to drink.
Later a cop grabbed me and accused
me of drinking. There was a camera
crew following him for a TV show for
Court TV. I did not comply with the
officer at first because I questioned
him as to why i was being
videotaped. he never responded. I
did not consent to this taping and
was not told why i was being
videotaped until after i was later
arrested. Do i have a case to fight
my arrest on the grounds that it was
for TV purposes and that i should not
have to pay the price for ''making
good tv''? I understand that it is
illegal to secretly videotape someone
without their consent but is it ok for
them to video tape me in order to
broadcast a tv show? Also the fact
that so many other people were
drinking and not getting tickets/
arrested, is that grounds for an
argument against them prosecuting
me and not them?
1 Answer from Attorneys
Re: Police recorded my arrest for TV show
No and No. You get to defend the charges regardless of the taping. However, the taping and the circumstances you describe can be argued as extenuating circumstances, with the goal of getting the charges reduced or dropped 'in the interests of justice'. You'll need an attorney to pull that off, because it will show the court you've taken the charges seriously, and spent hard earned money on counsel. Feel free to contact me for such help, if the case is in SoCal courts.
I believe the rules require that the show get your consent before airing the tape. A lot of people give such consent to get their '15 minutes of fame'. That's up to you.
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