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http://www.thenewspaper.com/news/35/3557.asp
Texas Appeals Court: Driver Has No Right to Dashcam Video
Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals.
Travis County Sheriff's Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin's attorney formally requested that the department preserve video evidence from the stop. Subpoenas were issued to ensure "all videos and dispatch calls" would be saved. At trial, Jennings was asked why the camera evidence had not been kept.
"Since I didn't put it in my report it wasn't preserved because I didn't believe it had any type of evidential value," Jennings told the court.
The dashcam is automatically activated when an officer turns on his emergency lights. Department policy states that all video must automatically be saved for thirty days. Jennings could not say whether his machine was operating that night, but he would have noted either at the beginning or end of the shift if the device had not been functional. Jennings stated that the only way to know for sure if the video had been taken would have been if he had preserved the video. Martin argued the police were obviously hiding evidence.
"The officers intentionally destroyed the video and thereby put exculpatory evidence as far as the search is concerned or evidence favorable to the accused out of the reach of the accused," Martin's attorney claimed. "We feel that for no other reason the search is invalid and any evidence found as a result of that search should be suppressed."
The appellate court found no merit in this argument.
Wonderful, so all a cop has to do is claim he's incompetent and not save the video or forgot to turn it on and you're screwed.
Texas Appeals Court: Driver Has No Right to Dashcam Video
Drivers have no recourse if police say the tape from a dashboard-mounted video camera is not available, according to a ruling Wednesday from the Texas Court of Appeals.
Travis County Sheriff's Deputy Darren Jennings claimed that he pulled over Martin that evening because he failed to signal a left-hand turn. Within less than two weeks after the incident, Martin's attorney formally requested that the department preserve video evidence from the stop. Subpoenas were issued to ensure "all videos and dispatch calls" would be saved. At trial, Jennings was asked why the camera evidence had not been kept.
"Since I didn't put it in my report it wasn't preserved because I didn't believe it had any type of evidential value," Jennings told the court.
The dashcam is automatically activated when an officer turns on his emergency lights. Department policy states that all video must automatically be saved for thirty days. Jennings could not say whether his machine was operating that night, but he would have noted either at the beginning or end of the shift if the device had not been functional. Jennings stated that the only way to know for sure if the video had been taken would have been if he had preserved the video. Martin argued the police were obviously hiding evidence.
"The officers intentionally destroyed the video and thereby put exculpatory evidence as far as the search is concerned or evidence favorable to the accused out of the reach of the accused," Martin's attorney claimed. "We feel that for no other reason the search is invalid and any evidence found as a result of that search should be suppressed."
The appellate court found no merit in this argument.
Wonderful, so all a cop has to do is claim he's incompetent and not save the video or forgot to turn it on and you're screwed.