Not too long ago, the Los Angeles Police Department issued body cameras for all of its officers. Now, the fallout from that issuance is starting to hit the criminal defense arena. Criminal defense attorneys throughout LA County are submitting body camera evidence requests, and many of them are being answered with the requested evidence.
The problem, sometimes, is that the police control when the body cam is turned on and off.
Often, body cam evidence is missing crucial time gaps that a criminal defense attorney cannot obtain to support their client's argument. Another thing I'm noticing is that MVARS, which are the cameras in police vehicles, are also not being utilized to capture what happens during a contact or arrest with the police.
It's crucial to understand that body cam or MVAR evidence, if obtained, could be a game-changer in a criminal case. This evidence, if utilized effectively, could significantly bolster the defense's position and potentially lead to a favorable outcome, instilling hope in the potential of this technology.
What Are Some Of The Technical Issues With The Body Cam Evidence?
In addition to not capturing everything on the body cam, the police are also not always using it or turning it on or off at crucial times when they are violating people's constitutional rights. This is one big thing that's very frustrating as a criminal defense attorney when you know your client is telling you the truth about what happened during a police encounter, and you can't get the evidence to back it up.
Another technical issue is that when prosecutors send the body cam footage, they send it to a server where you have to wait twenty or forty minutes for it to download, which is very frustrating when trying to investigate a criminal case.
What Defenses Can Be Utilized With Body Cam?
Body cam evidence, when used strategically, can often reveal discrepancies between police accounts and the actual events. This, combined with your client's testimony and other evidence, can form a robust defense strategy, instilling confidence in your ability to defend your client.
Still, it's going to take time, effort, and judges and prosecutors policing the police to ensure that they turn over body cam evidence, turn it on when they are supposed to, and are fair about how they handle it. This underscores the power of the legal system in ensuring fair use of this evidence, empowering you in your defense.
Given the complexities and challenges associated with body cam evidence, it's advisable to seek the counsel of an experienced criminal defense attorney. With over 25 years of experience, I can provide the guidance and expertise necessary to navigate these issues and construct a robust defense for your case, offering you reassurance in your defense strategy.
