Law Firm of Aaron Bortel

Are You On A Candid Camera? Can That Help Or Hurt You?

Interviewer: How prevalent are video cameras? When should people expect that they are on video?

Aaron: From the cop being behind them, once they turn the sirens on, my understanding is the video will go back about a minute to record that stop. So it will be a minute before the cop’s overheads went on; and throughout pulling the car over. Some officers have video cameras on their uniforms. Most do not.

Some CHP vehicles usually have the dash video. If field sobriety tests are done in front of the police car, cameras will usually capture the field sobriety test; not necessarily the audio on that part.

Then once you are back in the car, the camera should be able to capture what is going on in the car. Officers can turn these on and off. We are seeing way too often, in these cases, that these videos cannot be found.

Interviewer: Do you mean they are “magically disappearing?

Aaron: It happens. Trying to prove that we think an officer made it disappear is extremely difficult, if not impossible. It happens a lot where an officer says they cannot retrieve it and their office says they cannot retrieve it. Sometimes there is a vehicle where it is not working. So they check the box that there was no video of the stop.

By Aaron Bortel

Aaron Bortel

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