Can a prosecutor get video recordings from a retail store’s surveillance cameras and present them in the court?

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Can a prosecutor get video recordings from a retail store’s surveillance cameras and present them in the court?

This is being one in order to present indirect evidence (conversation with a prostitute) for a second degree misdemeanor charge. Does the prosecutor have the right to do that? If not, can he overrule that right? If he can do that, how long would it take for him to get the recordings and present in the court as an evidence?

Asked on August 22, 2012 under Criminal Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, the district attorney's office can subpoena a retail store's disk or video depiction (or serve a search warrant) upon a retail store's owner to present the material with respect to a criminal matter. Such happens all the time with respect to criminal matters. The subpoena set a specific date for the production of the desired recordings. A search warrant gets the desired items immediately.


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