Arrest, Search, Seizure, Warrant Illegal seizure or no?

[Theis2k5]

My dad was in a WalMart paking lot finishing up listening to a part of a book on tape. He was fiddling with his digital camera when he was approched by a police officer. The cop said they got a call saying he was taking pictures of people and asked if he had a digital camera. My dad said yes and turned the camera over to the officer. He turned the camera on and it said "no pictures". The cop accused my dad of deleting the pictures and my father said that he did not take any. He then told my dad that he was lying and asked him to get out of the car.

He told my dad he thought he was hiding something and my dad said he had nothing to hide. The cop then asked to search the car and my dad said go ahead, that he had nothing to hide. The cop then put my dad in handcuffs and read him his miranda rights, then said he didnt know why he read him his rights because he was not under arrest that he was just being detained.

The cop pulled a bag out of the car that my dad uses to transfer his personal belongings to and from work. In the bag he found some backup copies of movies and informed my dad that this was illegal. He found a couple other things and asked my dad what they were. He informed him that they were hard drives that he takes to work with him so he can use the computer at his work. The cop ended up seizing the hard drives, the movies, a lap top, a ipod, and my dads cell phone that is for emergency purposes(he is 62 with many medical problems). He told my dad he wasnt being charged with anything and told him they would have the lab look at it for kiddie porn. My dad was never given a reciept for anything seized and let go without being charged. What are his legal rights and what steps should he take to get his property back?

 

[Michael Wechsler]

My dad was in a WalMart paking lot finishing up listening to a part of a book on tape. He was fiddling with his digital camera when he was approched by a police officer. The cop said they got a call saying he was taking pictures of people and asked if he had a digital camera. My dad said yes and turned the camera over to the officer. He turned the camera on and it said "no pictures". The cop accused my dad of deleting the pictures and my father said that he did not take any. He then told my dad that he was lying and asked him to get out of the car.

He told my dad he thought he was hiding something and my dad said he had nothing to hide. The cop then asked to search the car and my dad said go ahead, that he had nothing to hide. The cop then put my dad in handcuffs and read him his miranda rights, then said he didnt know why he read him his rights because he was not under arrest that he was just being detained.

The cop pulled a bag out of the car that my dad uses to transfer his personal belongings to and from work. In the bag he found some backup copies of movies and informed my dad that this was illegal. He found a couple other things and asked my dad what they were. He informed him that they were hard drives that he takes to work with him so he can use the computer at his work. The cop ended up seizing the hard drives, the movies, a lap top, a ipod, and my dads cell phone that is for emergency purposes(he is 62 with many medical problems). He told my dad he wasnt being charged with anything and told him they would have the lab look at it for kiddie porn. My dad was never given a reciept for anything seized and let go without being charged. What are his legal rights and what steps should he take to get his property back?

I'm sorry to hear about your father.

Something doesn't sound quite right to me and I'm not sure if it's that I'm missing part of the story or you are repeating what your father told you. It's an odd coincidence that the police would happen to get a call about someone taking pictures in a parking lot and your father happens to have his camera out and fiddling with it at the same time. To begin, I'm not sure it's a violation of law to take pictures. Who called the police and made the complaint? What was your father charged with ultimately?

You might want to go down to the police station to find out the whole story before moving forward. If you're repeating what your father told you, perhaps material portions of the story were omitted.

Regarding the searches and seizure, I would argue that there was absolutely no basis for conducting the search and seizing the equipment whatsoever. What was the probable cause to search? What was the crime that the police officer thought was being committed?

Let us know what you find out. Good luck to you and your father.