Dear warrjsd-ga;
Thank you for allowing me an opportunity to answer your interesting
question. I?ve had quite a bit of dealings with surveillance videos
during my two decades of law enforcement, in particular during the
last 3 years as an evidence technician. In most jurisdictions neither
the host of the ATM (in the case the convenience store) nor the
banking, credit or other financial institution that operates out of
the ATM is obligated to show you the video inside the machine simply
at your request. However, in all states, when a crime has been
committed the victim is represented by the state, meaning that the
local prosecutor or district attorney becomes your representative.
Since a crime has been committed he or she can subpoena the tape in
your behalf at which time the investigating law enforcement agency may
very well allow you to view the tape. It happens in my office all the
time (by that I mean almost every other day ? that?s how common it
is).
So, you have several options:
First, file a police report that someone has fraudulently used your
card. Be sure to get the case number of the police report. You will
need it.
Second, report the fraud to your creditor or banking institution (be
prepared to give the the case number assigned to your local police
report).
Now contact the County Persecutor or District Attorney (if they don?t
contact you first) and let them know where the card was used (they may
already know this from the report) and ask them if you can see the
tape. They will probably begin the process of obtaining the tape as
evidence. This may consist of a simple telephone call and compliance
to a court signed subpoena and forced seizure of the tape from the
ATM. At any rate, the tape will eventually be yours to see of the DA
agrees to it.
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad ? Google Answers Researcher |
