As we are going back to the first days -- something that has always bothered me.
The whole business ABOUT police having to use A battering ram to get into Smallwood.
Police say they asked for the video. Smallwood refused, saying they'd like to see a search warrant. Even when the search warrant is produced -- nobody from Smallwood is on hand with a key, so cops break down the door. Then the spokesman for Smallwood puts out a self-serving statement saying that they are doing all they can to help police. Qualters is then asked why this Kabuki dance had to take place in order to get the video hard drives. He says firmly that he doesn't know the answer to that.
Have you ever heard of a business refusing to give cops access to surveillance in a criminal investigation...unless of course the business is a target? When have you heard the deli owner, that gas station or apartment building refusing such a request. Was it just this case that they demanded a warrant? If there had been a multiple shooting with eight dead in a hallway, would they comply without a warrant? What about a terrorist attack?
THIS WAS SIMPLY TO FIND OUT INFORMATION ABOUT A MISSING GIRL WHO HAPPENED TO LIVE IN THEIR BUILDING! And nobody presses the issue.
I don't really have a problem with a business, especially an apartment house, requiring the police to provide them with a search warrant. They don't want people to think the video equip is there for 'Big Brother' any time 'he' decides he'd like to come down and take a look at who is coming and going and what they appear to be doing. It's just a part of everyone being safe and secure in their homes from government intrusion. It's a simple task to require the police to show probable cause and get a warrant before just handing over video evidence.
I don't look at it as much as a refusal to provide the video as a matter of just general policy not providing video without making sure the i's are dotted and the t's are crossed in every case. They need to show residents and potential residents they don't just allow the police to come fishing. It's not quite the same as an individual having control of giving permission to search their own home or apartment.
For the argument that time was of the essence to carry any weight as to not even having a few minutes to wait for a search warrant and this delay hindering police... it's hard to give that angle much weight when it took LE as long as it did to even request getting the videos.
The battering ram seemed a little over the top and dramatic IMHO. If keys were on the way and the room secured from tampering then the battering ram and busting down the door was either for PR purposes or a 'you will respect my authority' thing.