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  1. #1
    Join Date
    Oct 2009
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    CA
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    Default Obtaining Evidence and Building a Case

    Question. I got cited for not wearing a seat belt and my passanger was cited as well for same. At the intersection where I got pulled over there was a trafic cam (not the red light camera). Could I request court to get footage from that camera to show that we both were wearing seat belts? We both were wearing them. I removed belt in front of the officer, but he choose not to see me do that. He simply waited a minute stated that I was not wearing it and gave me ticket. My passenger (who's my dad) tried to tell the officer that I removed the belt in front of him, officer didn't even let him finish his first word and cited him for not wearing seat belt as well even though he was wearing it the whole time. We didn't argue or provoked the officer before that happened. So I guess he was having a bad day and we got screwed. Of coure he pulled me over for speeding as well. TBWD was not in my favor (my dad's TBWD actually came back with not guilty yay!). But in my case Officer's word means more to judge then anything I could say, so only way I can dismiss seat belt is with that trafic cam footage. Not sure how I'll argue speeding, but I hope discovery will yeld some thing that may help and hopefully I can build a case on location of where violation was seen by officer vs his position. He was parked in parking lot with bushes, iron fence, and light pole in direct view of where he stated on ticked the violation happened. Hopefuly pictures of where officer was and where he states he saw the violation occur can help. Any other recomendations?

    Thanks for any help you guys can give.

  2. #2
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Obtaining Evidence and Building Case

    Quote Quoting dray
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    Could I request court to get footage from that camera to show that we both were wearing seat belts?
    The court is not going to get you any evidence... You can request that the court issue a subpoena for the recording (assuming there is one).

    Do some research (contact the city/county), find out who runs the cams and whether those have a record feature. Once you can establish that such records exist, you can proceed with a request for a subpoena. Just keep in mind that such a process might take some time to get through, and depending on when your Trial De Novo is scheduled for, you might not get anything in time.

    Yes, we see those cameras everywhere but my understanding is that those cameras are there to "monitor" traffic and NOT to record and archive. You can try...

  3. #3
    Join Date
    Oct 2009
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    CA
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    Default Re: Obtaining Evidence and Building Case

    Thanks for info.

  4. #4
    Join Date
    Feb 2008
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    1,622

    Default Re: Obtaining Evidence and Building Case

    So, did the cop write you a ticket for your dad, or did he write your dad a ticket?? or both??

    I would do this under a discovery request. From the penal code:

    1054.1The prosecuting attorney shall disclose to the defendant or
    his or her attorney all of the following materials and information,
    if it is in the possession of the prosecuting attorney or if the
    prosecuting attorney knows it to be in the possession of the
    investigating agencies:
    (a) The names and addresses of persons the prosecutor intends to
    call as witnesses at trial.
    (b) Statements of all defendants.
    (c) All relevant real evidence seized or obtained as a part of the
    investigation of the offenses charged.
    (d) The existence of a felony conviction of any material witness
    whose credibility is likely to be critical to the outcome of the
    trial.
    (e) Any exculpatory evidence.
    (f) Relevant written or recorded statements of witnesses or
    reports of the statements of witnesses whom the prosecutor intends to
    call at the trial, including any reports or statements of experts
    made in conjunction with the case, including the results of physical
    or mental examinations, scientific tests, experiments, or comparisons
    which the prosecutor intends to offer in evidence at the trial.
    The state is in possession of exculpatory evidence and it should NOT suppress that evidence during a prosecution.

    What are the details of your speeding ticket... maybe we can help with that as well.

  5. #5
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    Mar 2009
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    LA LA Land
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    Default Re: Obtaining Evidence and Building Case

    Quote Quoting EWYLTJ
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    The state is in possession of exculpatory evidence and it should NOT suppress that evidence during a prosecution.
    You're stretching again Jim...

    You cited 1054.1 which states in part: "'if' it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies"...

    Are you saying that the prosecuting attorney or the investigating agency is in possession of the video tape the defendant is seeking?

  6. #6
    Join Date
    Feb 2008
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    1,622

    Default Re: Obtaining Evidence and Building Case

    It depends on who is in possession of the data from the cameras. If the cameras are owned and operated solely by Caltrans or some other non-investagatory agency, then yes he will have to get the tapes via a subpoena. He can use this form.

    However, if the police have access or are in possession of the traffic cam tapes, then the discovery route is correct. Under people v. superior court (barrett):

    A prosecutor has a duty to search for and disclose exculpatory evidence if the evidence is possessed by a person or agency that has been used by the prosecutor or the investigating agency to assist the prosecution or the investigating agency in its work.

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