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?


Asked on 9/18/07, 2:34 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

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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Answered on 9/18/07, 3:52 pm


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