Found an issue on this page? Let us know and we will look into it as soon as possible.
Am I legally entitled to demand access to ANY video surveillance footage in a retail store?
Anonymous4 views3 answers
This is a cart before the court question. If you feel like your civil rights are violated you can often obtain video from a public entity under the freedom of information act. However, private entities are not subject to this law. If you have a good faith reason to believe that your rights have been violated you may want to file the claim and engage in discovery to obtain the video. This would be a under a Request for Production. Keep in mind that since this is a private retail store this is not a civil rights violation unless the security was working in a joint operation with the local police or some other state actor. This may be common law false arrest.
This is a cart before the court question. If you feel like your civil rights are violated you can often obtain video from a public entity under the freedom of information act. However, private entities are not subject to this law. If you have a good faith reason to believe that your rights have been violated you may want to file the claim and engage in discovery to obtain the video. This would be a under a Request for Production. Keep in mind that since this is a private retail store this is not a civil rights violation unless the security was working in a joint operation with the local police or some other state actor. This may be common law false arrest.
Lil' ole you do not have access because you are not the police and you do not have warrant or subpoena power.
The store does not have to give you access to their video tapes just because you ask for it.
If you think you were the victim of a crime, then report it to the police and they can get the video.
If you think you were wronged civilly, then file a lawsuit and get a subpoena.
While you can ask or demand to see it, unless there is some type of litigation involved, whether criminal or civil, the store can ignore your request. The best thing to do is to consult a civil attorney to determine what type of case you may have and whether a demand can be made in a timely manner to have the store preserve the video. Depending on the type of store, they recycle the video and it may no longer be available. Contact an attorney experienced in personal injury or civil rights in your area.
