Legal Question in Criminal Law in Minnesota

Search and Seizure
Video camera was found in a vehicle during traffic stop for suspicion of window peeping. Police seized video camera out of glove compartment of vehicle. In police report, officers stated they viewed the tape currently in the camera using the video camera itself at the police station. This occurred immediately after arrest. No search warrant was obtained to view these contents. Are the contents on that tape still considered evidence or should it be dismissed since a search warrant was not obtained at that time to view the tape with that container seized (i.e. video camera).

Asked on 5/29/01, 7:59 pm

Thomas C. Gallagher Gallagher Criminal Defense

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Re: Search and Seizure

The defense lawyer should investigate the facts and research the law regarding:

1. whether there was a lawful reason for the police to stop the driver.

2. whether, once stopped, the police detained the driver longer than reasonably necessary under the circumstances.

3. whether the warrantless search of the car was in violation of law.

4. whether there was an exigency that would justify the police viewing the videotape, without first obtaining a search warrant.

If you or your lawyer wish, feel free to contact me to discuss further. http://www.lawyers.com/LibertyDefender

Answered on 6/26/01, 12:48 pm

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