Police seize video from party fight

Today's Manteca Bulletin has the story of an off-duty police officer and his son who were involved in a fight at a party over the weekend that resulted in at least one person being sent to the hospital. No one was arrested and the names of the officer and his son were not divulged. It's one of the most read Bulletin stories online today and there are a lot of comments from readers.

The details about what kind of party it was and what the fight was about are sketchy but what interests me most is what happened after police were called. Apparently someone had a camcorder or a cell phone with video capability and took video of the fight. He was ordered to cease taking video and the camera/cell phone was confiscated by police as "evidence." There was no arrest made and according the police, no formal "complaint" made, so why is the camera/cell phone evidence? The kid asked if he could download the video before they took it, but his request was denied. He was told that the video was going to be downloaded by the police and the device returned to him with everything intact. He tried to get it back Monday, but was told it was still being held as "evidence."

I have some personal experience with property being confiscated by Manteca police...twice. Manteca Live has been photographing the city of Manteca for years. One time, the police decided they didn't like what we were taking pictures of so they confiscated our camera and held it as "evidence." It took us a full year and an attorney to get that camera back. The second time they didn't take the camera, but they took the expensive mini hard drive out of it and we never got it back and it's been about 4 years now.

The text of the 4th Amendment of the Bill of Rights reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The police in Manteca must think the "seizure" part doesn't apply to them.