Do I have a right to see the video?

Q: If an officer is accusing you of a crime and states that the crime is on video, does the officer have to show you the video? The officer is stating he has a video of someone committing a crime and the “defendant” requested to see this “evidence” and the officer refused. I was just wondering if there is any law against this. The officer left voicemails threatening this person and accusing this person and when the “defendant” asked to see said video the officer said he was just going to file charges against “defendant” for said crime. (Munhall, PA)

Q: The officer has no legal obligation to show you or your attorney the video before he arrests you or even before the Preliminary Hearing. Some officers, will allow your attorney view it, prior to the charges or shortly thereafter, if the attorney requests. However there is no obligation to do this. Procedurally, the video is evidence that doesn’t have to be given to the accused until “discovery” applies, which is after the formal arraignment. If the cop won’t let your attorney watch the video, your attorney can still file a motion for a court order to view it, but the officer can still file the charges. It will be easier for your lawyer to do this after the Preliminary Hearing.

 

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.