Use of camera after a shooting?

This is a discussion on Use of camera after a shooting? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I was watching a Ayoob video last night and he was talking about pointing out the evidence to the LEO because casings may blow and ...

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Thread: Use of camera after a shooting?

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    Use of camera after a shooting?

    I was watching a Ayoob video last night and he was talking about pointing out the evidence to the LEO because casings may blow and move, and witnesses may come and go.

    If I am involved in a shooting, and the BG is down and no longer a threat. I holster my gun, pull out my phone and start taking picture of scene, witnesses, etc.

    When the LEO gets there, do I tell him I took pictures? (I would think so, don't want to withhold evidence).
    Do I offer to send to him? (My guess is he will confiscate phone)
    Do I email pics to my wifes phone? (so i can get evidence in lawyers hands)

    If evidence can move, or disappear, and witnesses may leave, it makes sense to photograph everything, but, what is the correct way of handling this?

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    VIP Member Array tdave's Avatar
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    I would think take pictures of everything keep your mouth shut. Talk and show pictures to your lawyer let him/her decide what to share without a warrant.
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    Good thoughts. I don't know, I guess you should start taking pictures... Although, if you just shot someone or even killed them, and start taking pictures of them or the scene, that might come off as a little weird....

    Here's to hoping that never happens!
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    Quote Originally Posted by heritage1865 View Post
    Good thoughts. I don't know, I guess you should start taking pictures... Although, if you just shot someone or even killed them, and start taking pictures of them or the scene, that might come off as a little weird....

    Here's to hoping that never happens!
    It does sound a little weird or morbid (maybe I read too much Stephen King) and I too hope it never happens.
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    Quote Originally Posted by tdave View Post
    I would think take pictures of everything keep your mouth shut. Talk and show pictures to your lawyer let him/her decide what to share without a warrant.
    What he said ^^^^. Call it your ace in the hole if you will. Things like that are best used when the opposition says something that you can prove to be false and make them look stupid. Besides, a little CYA never hurt anyone. Just no selfies ok?
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    I'm not sure pictures would be a bad idea, but I'm pretty sure that the police will cover the crime scene as it stands pretty well. Not to mention that you don't really need to go walking around and potentially disturbing evidence that would have been in your best interest to simply leave alone.

    Probably a better use of your time would be to either open up a text editor or a voice recorder and start putting down the fine details that you will most likely forget within a brief period of time. Although, even then, I would think you would want to be very careful about what you write down, or say, simply because it will become evidence against you if there is any doubt about your action being criminal in nature.

    Now I would add that if there are witnesses to a SD event where you were justified in using deadly force, be sure to ask them to stay around if you think they might otherwise try and get away from the scene to avoid getting involved. You can't legally detain them but you might convince them to stay by getting their picture or something where they might feel more compelled to stay.
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    Quote Originally Posted by heritage1865 View Post
    Good thoughts. I don't know, I guess you should start taking pictures... Although, if you just shot someone or even killed them, and start taking pictures of them or the scene, that might come off as a little weird....

    Here's to hoping that never happens!
    Yeah, like you'll be the only one doing it. I'd give my camera to a lawyer if need be, LE may want to confiscate it as evidence and then it may get lost.
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    There are several phone apps that will stream live feeds to the internet preventing accidental/malicious deletions. Always good advice when interacting with law enforcement. Qik comes to mind and I've heard of others.

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    Quote Originally Posted by OldVet View Post
    Yeah, like you'll be the only one doing it. I'd give my camera to a lawyer if need be, LE may want to confiscate it as evidence and then it may get lost.
    I just started picturing the scene in my head... There's the perp, rolling on the ground in agony from the multiple gunshot wounds that you inflicted, or even lying there dead. You walk over and start taking pictures... LOL

    It's kinda comical. But, serious too. I really don't know what I'd do. All the training and situational thought put in, I hope, would prevail. The adrenaline, I'm sure would be pumping.
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    As an expert in court proceedings, any time there is an opportunity to make photos, do so. Be it a shooting, robbery, car accident or what ever, MAKE photos.

    The flip side of this is do not withhold photos. All photographs, regardless of who made them, are evidence. Withholding evidence can get things tossed out of court or even you being charged for withholding evidence. Send them to someone, advise that you will bring them in shortly or something but do not withhold evidence.

    Every photo I made, even if it is a week old scene, is evidence. I have to make several copies to disburse. The LEA gets a copy, the DA gets a copy. the defense attorney gets a copy. Any insurance involvment gets a copy. The people involved gets a copy.

    Also, get the names of any persons shown in a photo. I have to be able to identify all those shown in photos so if I do not know them or cannot get their name, I do not make a photo showing them. Not only get their name but their means of contact and an alt. means of contact such as a relative.
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    Quote Originally Posted by LuvMyPX4 View Post
    I was watching a Ayoob video last night and he was talking about pointing out the evidence to the LEO because casings may blow and move, and witnesses may come and go.

    If I am involved in a shooting, and the BG is down and no longer a threat. I holster my gun, pull out my phone and start taking picture of scene, witnesses, etc.

    When the LEO gets there, do I tell him I took pictures? (I would think so, don't want to withhold evidence).
    Do I offer to send to him? (My guess is he will confiscate phone)
    Do I email pics to my wifes phone? (so i can get evidence in lawyers hands)

    If evidence can move, or disappear, and witnesses may leave, it makes sense to photograph everything, but, what is the correct way of handling this?

    I wonder what else you'd like to volunteer to law enforcement prior to being read your rights and having your attorney present?

    Taking pics makes it look like you are trophy photo-ing.

    How about already having a quality, qualified attorney's card in your wallet and calling him to get him on scene to represent you before you say anything other than you defended your life?

    Let him bring his camera and take pics.
    "When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it."
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    I think there is a difference between some expert witness taking/sharing photos vs. the shooter/defendant. It would also depend what your local politcal stance is on guns by authorities and where you live. conservative area or liberal city?

    having existing security cams in home is a bit different and doesn't appear 'opportunistic' and 'weird' as possibly taking photos/vid yourself would be after the fact.

    Interesting question. Would want some legal opinions on that, but I'd probably have my attorney immediately be on scene and let them handle it.

    I doubt I'd take pics/vid myself. I'd probably be too in shock and devestated to even think about pics as well.

    But I will record anytime if/when stopped by law enforcement to keep all parties honest :)

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    Quote Originally Posted by CommonCents View Post
    I think there is a difference between some expert witness taking/sharing photos vs. the shooter/defendant. It would also depend what your local politcal stance is on guns by authorities and where you live. conservative area or liberal city?

    having existing security cams in home is a bit different and doesn't appear 'opportunistic' and 'weird' as possibly taking photos/vid yourself would be after the fact.

    Interesting question. Would want some legal opinions on that.
    I think I agree with what your saying. I'd hate for the first witness to get on the stand and say "He sure looked like he enjoyed it, he was even taking pictures."

    Some legal opinions would be appreciated.

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    Quote Originally Posted by ScubaSteve08 View Post
    Just no selfies ok?
    Some people spoil all the fun. Next I assume you are going to say don't post on Facebook

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    VIP Member Array tdave's Avatar
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    As to LEO confiscating phone would that be a 4th and 5th amendment violation? Would seem like it but I am not a lawyer and I don't play one on the internet.

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