In many jurisdictions around the country, law enforcement agencies have recently installed, or are planning to install, video cameras in police vehicles to record on film the officers’ contacts with the citizens. As an added bonus, most equipment also captures the audio portion of the officer/citizen interaction. Our focus is on those cases where a police agency uses a video camera to record the contact between the officers and the citizen. Video tapes are a powerful weapon that a skilled lawyer can use to the defendant’s full advantage to defeat the elements of the prosecution’s case.
As we’ve said before, driving while intoxicated is one of the few crimes in America where a citizen may be arrested and incarcerated based solely upon the opinion of a police officer. Most law enforcement officers come to court on a DWI/DUI prosecution weeks or months after the officer’s contact with the citizen. During that interval, the officer has participated in many other arrests, investigations, etc. To the officer, the arrest of your client is just another day at the office; to your client, however, it is one of the most cataclysmic events in his or her life. Given the importance of the case to your client and the effect of elapsed time on the officer’s memory, details become essential for the defense of the case. We hope to provide you with a step by step guide to effectively using video tapes and their audio counterparts in defending your client.
Step 1
Learning About the Agency’s Policy on Videotaping
In any jurisdiction where a law enforcement agency uses in-car cameras (or any other system) to make audio and/or video recordings of police/citizen contact, it is essential that you first obtain a complete copy of the agency’s written policy regarding the use, maintenance, calibration and operation of the equipment. Depending on the agency, that policy may be written as one of the agencies “General Orders,” or it may be a completely separate policy. Either way, one of the first things to look for is whether the policy subjects the officer to discipline in the event that he violates the policy.
For example, one local police department makes the failure to follow its policy a “dereliction of duty” on the part of an officer. Obviously if there is a provision of this type, you need to pay careful attention to every requirement in the policy and every detail of your client’s video. Any deviation by the officer needs to be addressed during a close and careful cross-examination. These in-car recording policies establish law enforcement guidelines that provide for the “proper” use, care, and maintenance of the equipment as well as providing rules for the use in collecting and documenting evidence.
We hope this article assists you in gaining the same success.
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