Does the D A,s office have to have the cell phone put into evidence and can we review it.

Asked almost 2 years ago - Cortland, NY

there was a cell phone video of me being co spayed and they police officer is saying i pushed him on the video it don't so me pushing him it starts right at the point of him o c spaying me . I fell they have cut out what led up into he o c spayed intentional so it will not show that i did not push him because i know i didn't push him , My attorney sent my the video they sent him and i was able to make cuts from the tape so i wanted to know must they have the phone that took the video

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20


    Lawyer agrees

    Answered . Your lawyer can object to the video on the ground it is not complete. The attorney may also be able to get an expert to review it to see if it was edited. If the police took the cell phone it should have been vouchered and therefore still around and your lawyer can ask to see it.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. David Ivan Bliven


    Contributor Level 20

    Answered . I suggest that your attorney file a motion in limine to object to the cell phone video being introduced "as is" into evidence.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.

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