The B.C. Civil Liberties Association's David Eby says police only have the right to take someone's camera under limited circumstances, including if the person consents or if police have a warrant. (CBC)

The B.C. Civil Liberties Association wants Vancouver police to be told that they can't seize photos and videos from witnesses without consent or a warrant, except in limited circumstances.

The association said there have been three cases of police trying to seize cameras and video cameras — all three associated with police-involved shootings.

In a complaint to Vancouver Police Board chairman Gregor Robertson, who is also the city's mayor, association executive director David Eby outlined his concerns that police officers are interfering with the rights of those taking pictures or video.

The police department doesn't have adequate policy on when police can seize cameras, so officers are making mistakes, Eby said Tuesday.

"What's particularly troubling to us is that the three high-profile allegations… all involve police using lethal force against citizens," he said.

'Their [police's] focus, and in good faith, was to make sure any evidence was preserved.'— Const. Jana McGuinness, Vancouver Police Department

The most recent complaint involves a newspaper photographer documenting a police shooting on Sunday. The photographer said he initially refused to hand over his camera but felt threatened by police and eventually allowed them to take it.

Last month, a man who said he recorded the police shooting of a homeless man on his cellphone said an officer asked for his phone and when it was returned the video had been erased. The allegation is being investigated by an outside police force.

The cellphone is being analyzed by experts in the United States to see whether any video can be salvaged from its memory.

The third incident involves a TV cameraman who was held by police for several hours after he refused to give up his videotape following a police shooting at a Vancouver gas station in December 2007.

Vancouver police spokeswoman Const. Jana McGuinness says it isn't police policy to take cameras or video equipment from the media. (CBC)

Eby said police only have the right to take a camera under limited circumstances, including if the person consents or if police have a warrant.

"We would argue, if we ever went to court on it, [in other cases] they would have to believe that you were about to destroy the videotape or not preserve it… or for some other reasons, it was impossible to go to court to get a warrant," he said.

Vancouver police spokeswoman Const. Jana McGuinness said it isn't police policy to take cameras or video equipment from the media.

"Their focus, and in good faith, was to make sure any evidence was preserved," she told the media in regard to Sunday's incident.

McGuinness said the incident will be followed up with an internal investigation.

"We know that ultimately it was sorted out and the camera was returned."

Eby said currently police believe they can seize cameras that might give evidence of a crime, but the courts have dramatically limited the scope of that law.

"As a citizen, probably the best thing to do is to refuse to turn the camera over and to identify yourself to the police officer and say you're preserving the evidence."

The civil liberties association is not only demanding clarity on the issue of when police can take someone's camera, but also believes police should stop investigating themselves when officers use lethal force, Eby said.