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How to Keep Police Dash Cam Video Out of Evidence

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  • 02-25-2016, 11:56 AM
    just1ce4all
    How to Keep Police Dash Cam Video Out of Evidence
    My question involves a traffic ticket from the state of: Texas


    I was ticketed by an officer who claims he used Pace method to determine my speed violation. He stated he was " two car lengths" behind me and had followed "for a while".

    I submitted discovery of evidence and found that there is dash cam video of the pursuit and detainment. I was only given viewing privileges while sitting in a cubicle of the prosecutors office at the court where i was frequently walked-in on by the prosecutor's assistant.
    The video was captured and recorded by WatchGuard Digital In-Car video system and showed a date/time stamp as well Gps coordinates and a speed reading (presumably that of the patrol vehicle?).
    Footage begins at (23:32:48) speed displayed 56 mph.
    (23.32:50 - 51) 57
    (23:32:52 - 53) 59
    (23:32:54 - 55) 60
    (23:32:56 - 57) 59
    (23:32:58 - 59) 58
    (23:33:00 - 01) 55
    (23:33:02 - 03) 53 mph, police lights activated
    (23:33:04 - 05) 52
    (23:33:06 - 07) 48 mph
    (23:33:08 - 09) 42 mph, police vehicle makes right turn
    (23:33:10) 26 mph
    (23:33:11 - 12) 8
    (23:33:13 - 14) 7 mph , both vehicles are completely stopped on the side of the road
    (23:33:15 - 20) 6 mph, officer is completely stopped and can be heard putting the vehicle in parked position.


    I am concerned that the jury will be mislead to believe that the speed reading displayed is that of MY vehicle or that the video can be used in lieu of the PACE testimony. Is there anything I can say/motion or do to have this video thrown out ? Can this video be used even if it is not recognized as a SMD?

    Excerpt from Administrative Directives 112.041 Traffic Enforcement
    "Section N. Maintenance and Use of Speed Measuring Devices
    In order to ensure that traffic safety and traffic law enforcement goals and objectives are met, the Department will use speed-measuring devices to facilitate those objectives.
    1. Equipment used as speed measuring devices include:
    a. radar/ laser speed measuring devices
    b. patrol vehicle speedometer (used to pace a suspected violator) which are certified to be calibrated and which are checked by a moving radar test following the pace."

    any feedback and suggestions are appreciated.
  • 02-25-2016, 12:14 PM
    Taxing Matters
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    Quote:

    Quoting just1ce4all
    View Post
    I am concerned that the jury will be mislead to believe that the speed reading displayed is that of MY vehicle or that the video can be used in lieu of the PACE testimony. Is there anything I can say/motion or do to have this video thrown out ? Can this video be used even if it is not recognized as a SMD?[/INDENT]

    There isn’t any obvious basis here for excluding the dash cam video. I wouldn’t think that most jurors would mistake the readout as your speed rather than the officer’s speed, but in any event that problem is easily taken care of by explaining to the jury what the dash cam numbers represent. If the dash cam numbers come directly from the speedometer, then they showing the numbers from the speed measuring device itself, which certainly would be admissible evidence. With that, no one has to take the cop’s word alone what speeds he observed on his speedometer while pacing you. Of course, the officer’s testimony is needed to lay the foundation for the admission of the dash-cam and to establish what he saw and did relating to observing this offense. You still may bring up any relevant challenges to the accuracy of his speedometer, though, if you have any or bring up any other defenses you have. But just based on what you have said here, there isn’t an obvious way to keep out the video.
  • 02-25-2016, 12:28 PM
    donzoh1
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    You seem to be concerned about the idea that a speed measuring device may not have been used and you cite the policy manual regarding that. Two problems: 1. There is no policy statement that says other methods are not usable. 2. Even if you can show a deviation from policy, unless that deviation is also from state law or violates one of your constitutional rights, it may be meaningless. Assuming a department requirement to use an SMD instead of pacing, which you haven't proven here, and assuming you could show other deviations from policy, you might eventually develop an issue but I doubt it. Even if the judge determines the officer needs a refresher course on department policy, that will not help your case. Pacing is a widely used technique by law enforcement everywhere. The video shows you were paced for about 12 seconds which is plenty time to pace, depending on how far away he was.
  • 02-25-2016, 12:45 PM
    just1ce4all
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    I believe, to the best of my knowledge, that the speed measurement displayed on the video is generated from a separate radar (that can be turned on or off at the user's discretion) or GPS built into the camera system. Can I challenge the accuracy of dash cam radar/GPS?

    In further research, I discovered that in a maintenance service work order for the patrol vehicle had been reported to have had "No power to radar" and "Still no power out o the counting unit". This report was written and submitted one month prior to the incident.
  • 02-25-2016, 12:51 PM
    flyingron
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    Doubtful it is a radar, it's just computed from the GPS (since it's already logging that). GPS is not going to be short term accurate by its nature. What you need to impinge is the pacing that the officer is almost certain to use. What was the speed limit? How fast did he say he observed you going?
  • 02-25-2016, 01:56 PM
    just1ce4all
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    he wrote 55 in a 40 zone.
  • 02-25-2016, 02:17 PM
    flyingron
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    You're going to have a hell of a time impuning his estimation of your speed even without the dash cam evidence.
  • 02-28-2016, 08:42 AM
    jim_hoerner
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    Quote:

    Quoting just1ce4all
    View Post
    I believe, to the best of my knowledge, that the speed measurement displayed on the video is generated from a separate radar (that can be turned on or off at the user's discretion) or GPS built into the camera system. Can I challenge the accuracy of dash cam radar/GPS?

    In further research, I discovered that in a maintenance service work order for the patrol vehicle had been reported to have had "No power to radar" and "Still no power out o the counting unit". This report was written and submitted one month prior to the incident.

    Sure you can challenge it. I would not even try to suppress it...
    > (23:32:54 - 55) 60 [maximum speed, ~2 seconds duration - JH]

    > (23:33:13 - 14) 7 mph , both vehicles are completely stopped on the side of the road
    > (23:33:15 - 20) 6 mph, officer is completely stopped and can be heard putting the vehicle in parked position.

    If it is off by 6 mph when the officer is stationary, then it could be off by even more at higher speeds (who knows). Officer may have used other more reliable methods to determine your speed though. If that video is the only evidence against you, there is certainly reasonable doubt if you actually attained a speed of 55 mph.

    If the video is presented as evidence against you, you could ask the officer to testify about its accuracy. If he claims it is 1% or 2 mph or whatever, you can pounce.:)

    Regards,
    Jim

    Sorry for another followup, but I noticed that you posted in another thread that you also received
    > 2. officer sworn statement/complaint
    > 3. officer copy of citation including but not limited to notes, drawings, diagrams, etc.

    What do these documents state? Are they consistent with the video?

    Regards,
    Jim
  • 02-28-2016, 12:37 PM
    Speedy Gonzalez
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    Pretty sure you will get convicted here. However, I would ask that your speed be amended to 49 MPH in a 40, because the camera showed 6 MPH when he was stationary. Clearly something is wrong there. Even if it was GPS lag. Does it ever reach zero?
  • 02-28-2016, 09:36 PM
    PTPD22
    Re: Speeding Ticket 55 in 40 Zone- -Excluding Police Dash Cam As Evidence
    GPS speeds will always have a couple of seconds lag. So, if the GPS says you are doing 6 mph, what it is saying is that your average speed over the past 3-5 seconds was 6 mph - say slowing from 8 mph to 0 mph. I'm betting if you let the video continue to say 23:33:17, the speed will read as 0. That is a lot different than saying there is a 6 mph margin of error with the displayed speed. Because GPS speeds are an average speed over a fairly long interval (radar establishes speed with time frames of milliseconds), they are not good SMDs. However, it will likely be informative in showing that the officer's claimed pace speed of 55 is reasonable.
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