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Criminal Law Blog

Increasing Use of Video Cameras by Law Enforcement Officers Raises Privacy Concerns

Thursday, October 13, 2011

Several police departments around the country, including in California, are expanding their use of video cameras to record law enforcement activities as they occur. In Oakland, California, that use of cameras was responsible for the video recording of a fatal shooting in which a man was shot by a police officer. The footage was shot on a video camera that had been clipped on the police officer’s vest, and is likely to play a prominent role in an internal investigation by the Oakland police department.

An increasing number of police departments across the country are adopting such technology. The use of technology to record illegal or illicit activities is not new to San Diego criminal defense lawyers. For instance, we currently have cameras mounted on cruisers to record everything from illegal left turns to violated stop signs. This information provides officers evidence that can be used in court.

However, this advanced video camera technology goes further by using small, barely-noticeable video cameras that are clipped on to officer’s clothing to collect evidence. These small cameras are the size of a pager. According to police officers, these cameras provide them the kind of objective evidence that would otherwise have relied heavily on witness accounts. According to legal experts, video evidence of this kind can only serve the cause of justice. It lowers dependence on possibly conflicting verbal accounts.

The growing use of such technology combined with the ease with which video clips can be uploaded on YouTube, has complicated matters. In some cases, people, who have uploaded footage of police officer, have been charged with violating wiretapping and eavesdropping laws. Courts around the country are grappling with the fine line between citizens’ First Amendment rights and criminal activity.