Did they tamper with evidence removing the SD card at Charlie Kirk event? A lawyer weighs in.

Published on December 11, 2025
Duration: 1:55

This video features legal expert Andrea Burkhart, a Criminal Defense Attorney, discussing the legal implications of removing an SD card from a camera at a Charlie Kirk event. She clarifies that removing the card itself is not evidence tampering unless the intent is to destroy or conceal it. Until legally seized, the SD card remains personal property. Burkhart also explains how digital metadata can help maintain the chain of custody and ensure evidence admissibility.

Quick Summary

Attorney Andrea Burkhart explains that removing an SD card from a camera is not evidence tampering unless the intent is to destroy or conceal it. The card remains personal property until legally seized by law enforcement via warrant or consent. Digital metadata can help maintain the chain of custody and ensure evidence admissibility.

Chapters

  1. 00:00Legal Question: SD Card Removal
  2. 00:13Legal Opinion: Property Rights
  3. 00:46Chain of Custody & Metadata
  4. 01:34Conclusion

Frequently Asked Questions

Can removing an SD card from a camera be considered evidence tampering?

According to attorney Andrea Burkhart, removing an SD card is not evidence tampering unless there is a specific intent to destroy or conceal it. Until legally seized, it remains personal property.

When can law enforcement legally seize an SD card?

Law enforcement can legally seize an SD card with a warrant or with the owner's consent. Until then, it is considered the property of the individual who possesses it.

How does metadata affect evidence admissibility?

Digital metadata can help establish the integrity of video evidence by accounting for its creation, modification, and chain of custody, thereby mitigating risks to its admissibility in legal proceedings.

Is it a crime for a videographer to take their SD card?

No, a videographer does not commit a crime by securing their own property, such as an SD card containing footage, as it is considered their personal possession until legally seized.

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