I have a serious question about police body cameras.<\/p>\n
Supposing a police officer with a body camera apprehends a suspect.<\/p>\n
In the process, the suspect says something very incriminating about the issue at hand.<\/p>\n
The suspect had not been mirandized yet. (The whole “you have the right to remain silent” bit.)<\/p>\n
Does the admission on the police officer’s body camera count?<\/p>\n
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.<\/p>\n
Speaking to a police officer with a body camera, about anything, is a whole new paradigm.<\/p>\n
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?<\/p>\n
Thoughts for the near future, folks.<\/p>\n","protected":false},"excerpt":{"rendered":"
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 … Continue reading