Destruction Of Videos By Law Enforcement
There is an ongoing discussion about whether or not video evidence from police cameras should be available to the public. Of course they should be available. They are paid for with tax dollars. Law enforcement claims they want transparency. The camera doesn’t blink. The camera doesn’t lie. More often than not, the video evidence will help law enforcement.
Sometimes the videos are destroyed. Case law holds that the destruction by police of video evidence is sometimes a constitutional violation warranting dismissal of the charges. Destruction of the video prevents a defendant from having access to evidence that may be useful to his defense. If you have a case where a video has been destroyed intentionally or not, contact Robert O’Hale.