Can Police Disable Your Security Cameras During a Search and Seizure of Your Home and Business?

When faced with a raid, numerous homeowners and business owners wonder about their security cameras and whether police officers have the legal right to disable them. This article delves into the legality of such actions and provides critical information on how you can protect yourself.

Understanding Legal Rights and Police Actions

It's crucial to understand that police officers are not above the law. They too can commit crimes, such as vandalism, obstruction, and conspiracy, by disabling your security cameras. The Supreme Court’s decisions, granting immunity to police officers from prosecution, have led to widespread corruption. However, these actions can be challenged in court.

Legalities and Consequences

When police disable security cameras, they might be committing a felony under California Penal Code Section 141. This is particularly relevant in cases where there is obstruction of justice. The action can also be considered evidence tampering and is punishable by up to five years in prison for law enforcement officers and three years for prosecutors.

In the case of Kamala Harris, her role in withholding evidence led to a change in the law. In 2011, Governor Jerry Brown signed a new law making it a Felony to tamper or turn off private property cameras. This change in the law underscores the seriousness with which such actions are treated.

Legal Actions and Defenses

Homeowners and business owners have rights, and it's essential to protect them. When police conduct a raid, it's important to:

Ensure a warrant exists: Always ask to see the warrant before allowing officers to enter. Record the raid: Videotape or photograph the entry and the interaction with the officers. Seek legal advice: Contact an attorney to guide you through the process. Question legality: Whether the officers have the right to disable cameras, challenge their actions in court. File a motion to suppress: Motion to suppress evidence hearings can challenge the admissibility of unlawfully obtained evidence.

Key Points to Remember:

Never give consent: Do not open the door to officers if they do not have a valid warrant. No physical confrontation: Avoid any physical contact with the officers to avoid escalation. Document everything: Record the events with your camera or video recorder. Know your rights: Understand that actions like disabling cameras are illegal and can be prosecuted.

Conclusion

While law enforcement has been granted immunity from prosecution in many cases, disabling security cameras is a serious offense that can lead to consequences for both the officers and prosecutors. Homeowners and business owners should remain vigilant and protect their rights. By being aware of your rights and the legal framework, you can take steps to safeguard your property and ensure that justice is served.