Can this sargeant do this to my father?

Question

At my fathers gas station in Detroit MI there was a shooting that took place in the parking lot. It was about 2am and my father was asleep , the Sergeant called my father and demanded that he go to the gas station and give him the tape or he would break down his office door and do what he needs to do back there.My dad got there late. (like I said its 2am and he was at home 20 miles away sleeping!)

When my dad got there he reviewed the tape ALONE IN MY DADS OFFICE he said that my dad couldn't be in there with him...he basically removed my dad from his office in HIS GAS STATION.

Than the officer was pissed off because my dad was late so he just was looking for something to ticket my dad for...he noticed he was missing a license and ticketed him ..

1. Is the cop allowed to remove my dad from his office and review the camera on my dads computer alone?

2. Would my dad be within the law if he REFUSED to let him review the tapes ?

3. The Sergeant said that he can do whatever he wants because its a crime scene? ( The shooting took place outside)

4. Is the Sergeant allowed to break the door down so he can review the tapes?

5.What laws if any did the Sergeant break?

Answer 1

check with a local lawyer...best way to determine.  it may vary from state to state

Answer 2

The officer, by law, must swear out an affidavit to a judge to request a search warrant.It is then up to the judge to determine "probable cause and issue a search warrant."

The police can search only the place described in a warrant and usually can seize only the property that the warrant describes. The police cannot search a house if the warrant specifies the backyard, nor can they search for weapons if the warrant specifies marijuana plants. However, this does not mean that police officers can seize only those items listed in the warrant. If, in the course of their search, police officers come across contraband or evidence of a crime that is not listed in the warrant, they can lawfully seize the unlisted items.  

The police do not issue tickets for missing a business license-this is a role for another branch of enforcement-city inspectors.The officer could technically ticket your dad for interference of a law officer in the line of duty, but your dad, from what you said, did not do so and, did not get ticketed for that.Get a lawyer.Also, request and file for an investigation of the officer.What he did is probably against department procedures.Keep copies of everything, note deadlines, and always ask what happens next or what are the next steps.Check back every 3-4 days-really, police officers have higher priorities and this may slip through the cracks.

Answer 3

I would think your dad has legal rights.  Even of your dad was the suspect...they have to get a warrant to get that kind of info.  I think he should get in touch with an attorney!!!!!!!!!!!  If you go over the cops head---they protect each other...........

Answer 4

unfortunately the sergeant did not break any laws, however he did lie and used intimidation (which is more than likely against departmental policy).

but the sergeant did not have a right to take, look at, or enter your fathers business. the only way the sergeant could demand these things is if he had a warrant.

Answer 5

1. If it involves a shooting, the officer was probably trying to view the evidence w/o any distractions.

2. More than likely, you dad could have been arrested for obstruction of justice (not sure of the statute in MI).

3. As the tape is evidence on the property, the entire area would be considered a crime scene.

4. Possibly - more info is needed, esp if it's a hot call and the bad guy may still be in the area.

5. None.

Calif Deputy