About twenty days ago, a Vaudois, who had surprised scooter riders participating in urban rodeos in Cossonay (VD), wrongly thought he could help the police identify them, thanks to a video taken on the spot. We could see the registration number of one of the machines. But the police did not want these images, in particular because of the “unreliability”.
But, after the publication of our article, a question remains. If tomorrow, from the window of his building, an individual sees an assailant stabbing to death a passerby in the street, and he films the scene, will the police refuse to view his video, even if a investigation opened? “Legally, any element capable of establishing the truth can constitute, in principle, a means of proof in criminal proceedings,” replies the spokesperson for the Vaud police, Alexandre Bisenz. Videos taken by individuals can therefore be exploitable, but it depends on the cases and their seriousness.
He continues: “Evidence collected by individuals is admissible, in principle. But if the collection of evidence infringes the defendant’s personality rights (because it is filmed, for example), it can only be used to elucidate a “serious offense”, which will be qualified as such by the prosecutor.” This is the case of homicide or endangering others, for example.
But the individual who makes his video available to the police or who posts it on social networks nevertheless takes the risk that the person filmed without his knowledge, even if he is at fault, will pursue him for violation of his private sphere. The police then recommend that any individual who has images likely to contribute to an investigation wait until these elements are requested. In general, a call for witnesses is quickly launched.
Can we refuse to collaborate?
“If the police asked for your video, it is a “serious” case. In such a situation, it is considered legitimate that you filmed the scene, and the violation of the private sphere cannot protect the person you filmed without their knowledge, while they were committing the offense, adds Alexandre Bisenz. But if you refuse to transmit a video useful to an investigation, a prosecutor can force you to give it to him, by requesting his sequestration.
