I have a serious question about police body cameras.
Supposing a police officer with a body camera apprehends a suspect.
In the process, the suspect says something very incriminating about the issue at hand.
The suspect had not been mirandized yet. (The whole “you have the right to remain silent” bit.)
Does the admission on the police officer’s body camera count?
On a traffic stop, the courts have found the stop to be a variation of an arrest and detention, so anything said or caught on the police officer’s vehicle camera during a traffic stop is admissible as evidence. However, in the “normal” performance of their duties, a police officer only arrests and detains an individual upon the announcement of such, which is always followed by a miranda warning to that suspect.
Speaking to a police officer with a body camera, about anything, is a whole new paradigm.
Assuming the admission of anything in the proximity of a police officer with a body camera WILL count as admissible evidence, is the very notion of a police officer present with a body camera mandate a “standing/universal” miranda warning? Or will the concept of a miranda warning need to be re-examined and re-evaluated?
Thoughts for the near future, folks.