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by Jusme
Wed Sep 13, 2017 7:52 am
Forum: Site Announcements, Questions & Suggestions
Topic: Request for Texas AG opinion on body cams
Replies: 15
Views: 11875

Re: Request for Texas AG opinion on body cams

rotor wrote:
Jusme wrote:
MechAg94 wrote:Side question: Looking at the language, if I were to get video on my phone of an incident, does that mean the officer can take my phone or just look at the video and get a copy?

I think it is referring only to video, from DPD body cams, and only from those of any officers who were on the scene, or involved in the incident. Any privately held videos, if known, or believed to exist, could only be obtained through subpoena, or warrant. All PD/ SO body cam video, is owned by that department, and as such owned by the public, and subject to disclosure through the Open Records Act.

I personally, have no issue with an officer, viewing any and all video from an incident, before making a statement. The video doesn't lie. It may be grainy, and hard to see, in certain situations, but as long as it is unaltered in any way. it is, what it is. In an officer involved shooting. the officer, is human, and as such, is subject to tunnel vision, adrenaline rush, and a myriad of other things that go along with it. Memory, can become fuzzy, or in some instances, non-existent, as to minute details. Secondly, what an officer sees, or believes, he/she sees, may be totally different, from another officer's perspective standing a few feet away. lighting changes, point of view changes, etc.
The officer who fired the shot, may have "thought" he saw a gun, and reacted accordingly. The officer three feet to his right, may have recognized the item, being held, as a cell phone, and so, did not react, by drawing and firing.
It sounds to me like the Dallas DA, wants to only have officers, view one perspective, and then give a statement, so that she can yell "gotcha" if another body cam shows any discrepancy. Viewing other perspectives, in my opinion, will not change an officer's statement, or recollection, but it may help, jog his/her memory, that stress, may have blanked out. As long as his/her statement, doesn't disagree with the video, even if it puts the officer in a bad light, there should be no problem. JMHO
This makes it easy for an officer to make a statement that fits a scenario beneficial to him/her instead of what may have happened to him/her in real time. I hope that if I am ever involved in a legal issue like this that I get to see everything the prosecutor side has before I ever make a statement.

Not necessarily, as I stated, the video, won't lie, it won't condemn, or vindicate, it will only show what it shows. Body cams, have drawbacks in that, they are mounted on the chest, of the officer. It won't pick up images, he/she may see, by turning his/her head. Dash cams, are the same way, in that they only show a limited perspective. How many times, have we seen video's that miss the actual incident? Having multiple viewpoints will provide a better picture of what happened, if there are multiple officers wearing body cams, but there is still the possibility, that the other officers weren't positioned, in such a way, to show everything. If an officer is in the wrong i.e. excessive force, unlawful arrest, unlawful search and seizure, etc. the video/audio, will show that. It may not show, what an officer perceived as a threat, if it was out of camera view. Also, as I said, in a deadly force encounter, adrenaline, has a way of blanking the mind. I know from my own experience, that I suddenly had my gun in my hand, with no recollection of drawing it, or even consciously, thinking about drawing it. Tunnel vision also, occurs, but not on video.

Too many times, the press, political activists, and even eyewitnesses, want to paint everything the officer does, as incorrect, but none of those people, were actually, in the officer's position. I am not going to defend the actions, of every officer involved, in a deadly force encounter, because there are many instances, of bad decisions made. But I will give them the benefit of the doubt, until proven otherwise. Police officers are human, as as such, are subject to the same emotional, and physical responses, as everyone else.
Police officers when testifying in court, are allowed to refer to their notes, and written reports when answering questions. In my opinion, seeing all of the pertinent video, is no different.

As for seeing what the prosecution has before making a statement, is your right. It's called the Fifth Amendment, and you do not have to make any statement at all. The prosecutors have to prove, that what you did, was a violation of the law, and any evidence they gather, must be provided to you. JMHO
by Jusme
Tue Sep 12, 2017 1:39 pm
Forum: Site Announcements, Questions & Suggestions
Topic: Request for Texas AG opinion on body cams
Replies: 15
Views: 11875

Re: Request for Texas AG opinion on body cams

MechAg94 wrote:Side question: Looking at the language, if I were to get video on my phone of an incident, does that mean the officer can take my phone or just look at the video and get a copy?

I think it is referring only to video, from DPD body cams, and only from those of any officers who were on the scene, or involved in the incident. Any privately held videos, if known, or believed to exist, could only be obtained through subpoena, or warrant. All PD/ SO body cam video, is owned by that department, and as such owned by the public, and subject to disclosure through the Open Records Act.

I personally, have no issue with an officer, viewing any and all video from an incident, before making a statement. The video doesn't lie. It may be grainy, and hard to see, in certain situations, but as long as it is unaltered in any way. it is, what it is. In an officer involved shooting. the officer, is human, and as such, is subject to tunnel vision, adrenaline rush, and a myriad of other things that go along with it. Memory, can become fuzzy, or in some instances, non-existent, as to minute details. Secondly, what an officer sees, or believes, he/she sees, may be totally different, from another officer's perspective standing a few feet away. lighting changes, point of view changes, etc.
The officer who fired the shot, may have "thought" he saw a gun, and reacted accordingly. The officer three feet to his right, may have recognized the item, being held, as a cell phone, and so, did not react, by drawing and firing.
It sounds to me like the Dallas DA, wants to only have officers, view one perspective, and then give a statement, so that she can yell "gotcha" if another body cam shows any discrepancy. Viewing other perspectives, in my opinion, will not change an officer's statement, or recollection, but it may help, jog his/her memory, that stress, may have blanked out. As long as his/her statement, doesn't disagree with the video, even if it puts the officer in a bad light, there should be no problem. JMHO

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