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Crime & Law Enforcement Issues & Death Penalty/obtaining video and/or audio of my arrest

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Question
QUESTION: Hi, how do i obtain a video and/or audio of my arrest if they exist without hiring a lawyer?

ANSWER: Hey, Melissa. Thank you for sending me your question and please excuse my delay. Before I answer your question, can you tell me more details? First, I wondering where was the video taken? Was it taken from an in store video system or inside of a police station, etc? And, second, what we're the circumstances of your arrest. Thank you, Patrick.

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QUESTION: We are not sure there is a video but this person was arrested and handcuffed in front of the police car where there would be a video if car was equipped. I heard only half of the cars are equipped in this area. It was outside and he was running from the police and there was also a helipcopter looking for him. He was told to put his hands up which he did but one of the cops shot at him and missed. It was dark out but for a situation like this, I thought that there could be a video/audio tape. Do you know anything about Discovery? This is where it would be. Don't know anything else.

ANSWER: Thanks for the additional info, Melissa. Well, first, I've never heard of Discovery, Florida. Now, if you say that an officer fired at him, regardless of whether or not he had a weapon, any type of police discharge (firing of a weapon) is taken very seriously in ANY police department in the country, and I can almost guarantee you, the incident will be fully investigated.

It's likely that the department would have a record of which police car he was standing in front of, as well as any other cars at that location at that time. They'd also know whether or not any of those cars were equipped with a dash cam, and if the dash cam was working properly or not. Many things ARE a matter of public record, however, I do not know if dash cams are public record down where you live.

Two things; first, much of this success in getting a copy of the video, if it exists, would probably depend on your reason(s)  for needing it. I know that it's not normal protocol for police departments to release any type of media, unless officially ordered. Second, a lawyer could probably help you with much of the process, if a video exists. You should contact your local legal assistance office, most cities and counties offer free legal assistance for all kinds of things.

I hope I've answered your question more clearly. But, always please feel free to contact me again. I wish you luck and please remember to rate me after reading my answer. Take care, Patrick.

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QUESTION: I'm sure lawyers have access to this but we can't afford a lawyer. Where are these public records in florida if there is a video? I've never heard of free legal assistance. I thought you were free legal assistance, LOL. It happended in Broward County, Florida.

Answer
Lol, that's cute, yes, I AM free legal assistance, however, YOU WANT the in person/lawyer kind. Even though you can get many things in your own, everything gets done faster when it's done by a lawyer. People/agencies, also seem to move faster for lawyers, usually out of fear of being sued. I did some checking and there is a Legal Assistance Office in your area. Here's the number 954-765-8950. I tried calling a few different police stations in Broward County but couldn't seem to get any straight answers regarding the release of police cash cam video. Feel free to let me know how you make out our if you have any more questions.

Check this out: http://www.legalaid.org/broward/

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Patrick Malloy

Expertise

I can answer questions relating to arrests, arrest procedures, domestic situations, traffic citations, auto accidents. i cannot answer many questions regarding other types of law rather than Criminal Law and/Police related questions.

Experience

Throughout my 18 year career as a police officer in Philadelphia, I have worked both uniform and plain clothes in a variety of assignments. I don't know it all, but I surely can give expert advice on most issues. And if I don't know something, then I simply tap the vast array of resources that I have at my disposal.

Organizations
Fraternal Order of Police Lodge #5.

Education/Credentials
Training Credentials: Tactical Response Situational Training, Mental Health, Criminal Procedure, Vehicle Law & Code, Crime Scene Investigation, Court Testimony Procedure, Police Safety Coordination. Hostage Negotiation.

Awards and Honors
Several Departmental Commendations ( Arrests for crimes such as Homicide, Bank Robbery, 'Most Wanted', Shooting, Domestic Assault and other types).

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