If I reported someone selling pirated DVD's out of the trunk of a car and gave his license plates and pirated dvd's as evidence to police. Can the police get a search warrant.
Selling Pirated Merchandise Out of a Car
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06-26-2010, 07:27 PMtevezSelling Pirated Merchandise Out of a Car
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06-26-2010, 07:32 PMjkRe: Selling Pirated Merchandise Out of a Car
the police and DA will generally not attempt to enforce copyright law. That is based in civil law and as such, unless the owner of the rights sues, most likely nothing will happen.
contact the true copyright owner and let them know of the situation. -
06-26-2010, 07:39 PMcdwjavaRe: Selling Pirated Merchandise Out of a CarMaybe.Quote:
Quoting tevez
However, your possessing the pirated DVDs could get YOU in hot water. A judge might see your possession of the DVDs as proof of your possession and not proof of someone else's. Personally, I think they would be hard pressed to obtain a search warrant on such scant information, nor would mot police agencies spend much time dealing with the matter unless it was a hot button issue, or, they had a special crimes unit that dealt with it.
If this is actually happening, call your local police and ask what they might want to see in order to investigate.
It is a sad fact of life that many smaller crimes get overlooked in the big city and in those jurisdictions where money and manpower is tight. In my town, we might look into it. When I was in So. Cal., we'd probably just give the info to the patrol officers in case they come across the vehicle or the activity.
There are crimes that can be applied in some instances. But, it can take some specialized training and knowledge. We had a special unit in my old agency that would occasionally conduct sweeps at the various flea markets to address this, and often in conjunction with ASCAP reps. and other assorted folks that had a civil ball in the game (and some expertise).Quote:
Quoting jk
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07-05-2010, 10:00 PMgtsRe: Selling Pirated Merchandise Out of a CarWhat good would a search warrant do? Even if the authorities got a search warrant and found pirated dvds or other counterfeit material, the authorities cannot prosecute if they have no evidence any of it was ever sold.Quote:
Quoting tevez
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07-05-2010, 10:14 PMcdwjavaRe: Selling Pirated Merchandise Out of a CarSales are not always required. Besides, packaging, receipts, etc., can be used to make such a case.Quote:
Quoting gts
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07-05-2010, 10:30 PMgtsRe: Selling Pirated Merchandise Out of a Carwouldn't it be like soliciting a prostitute, where you would need the actual solicitation to make a case.Quote:
Quoting cdwjava
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07-05-2010, 11:28 PMKeyWestDanRe: Selling Pirated Merchandise Out of a Car
First of all, copyright infringement is a federal civil and criminal offense.
You should have gone to the FBI. Don't you read those notices at the beginning of every DVD?
Now, there might well be state law that applies to selling bogus merchandise or other crimes the person could have committed. It would be more effective if you did the research and could point out to the police what the state crimes are and penalties. If those are misdemeanors you probably won't get much action. If the person has assets, a late model car that can be seized, etc. the cops might be more interested.
You need to notify the copyright holders. They will be far more interested.
Chances are, like a drug dealer, this guy has a supplier who has a dvd plant producing the disks. The studios or other copyright holders are going to want to go after the chain of distribution and production.
If the discs are pressed, then it is big time and they will be very interested. If the dics are DVD-R's done on somebody's computer it could still be major but less likely. If the DVD's have printed inserts, etc. to make them look like the real thing, that makes it a much more major issue.
In any case, only the owners are going to have the weight to pursue the matter. -
07-06-2010, 01:00 AMcdwjavaRe: Selling Pirated Merchandise Out of a CarIt depends on the laws and the product being counterfeited. If there is a conspiracy to distribute the item or sales can be proven by other means, then you have a crime.Quote:
Quoting gts
Prostitution is a different animal as there is no product apart from the individual. -
07-07-2010, 10:24 PMgtsRe: Selling Pirated Merchandise Out of a CarBut they would need a sale to acquire the search warrant. Usually they have an undercover cop buy the counterfeit goods then use that to get the search warrant. An anonymous tip or a citizen turning in counterfeit goods certainly wouldn't be enough to get a search warrant.Quote:
Quoting cdwjava
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07-07-2010, 10:30 PMcdwjavaRe: Selling Pirated Merchandise Out of a CarNo, not if the goods are contraband or criminal in nature and they can establish reason to believe they were for sale. I would doubt that 100 copies of a pirated concert DVD would be for personal use.Quote:
Quoting gts
It is not a stretch to articulate in an affidavit for a search warrant that more contraband could be located in the residence or storage units belonging to the suspect.
No, an anonymous tip - BY ITSELF - would not be sufficient for a search warrant, but it is plenty sufficient to have the police check it out. If they make an independent observation then that can be enough.
As a note, I've done just that. A report of someone selling pirated DVDs from a trunk, we made contact, found the DVDs, confirmed they were not genuine, and used the seizure of the items to justify a search warrant of a home and other locations.