A recent ride along with one of my friends (a county sheriff) was really enlightening. Pretty much a game of predator and prey. He says their video is uploaded wirelessly once he pulls into the precinct. I didn't get to see the box that contains the data but it would need to be tamper evident proof IMO to pass muster. I agree an instant upload would be needed but may have to be stored locally before it can be uploaded in some cases. Yes I agree they should not be able to be turned off. Any arrest would have to have video included or charges dropped.
Their video system is what many departments are trying to go to. The video recorder is in a locked box in the trunk that only specific people have access to, which does not include officers or their supervisors. The data is uploaded when the officers are in a specific hotspot, usually their station. The video starts recording when a record button is hit or when the lights are turned on. It then records the 30-seconds prior to the record action starting (with no audio). You state that it should not be able to be turned off. So does that mean the officer cannot have a private conversation at any time during the day? What if they need to use the restroom?
In some cases, the data can be viewed by anybody once it is uploaded, but it cannot be deleted or altered. Copies of the video need to be requested and are documented.
If there is video of an incident, that video would be discoverable by the defense for any case. It would be provided just as any other video would be provided, such as surveillance video at a store. A motion for discovery by the defense is nothing more than just a simple form that is filled out.
Yet normal people don't get that perk. "Negligence of the law is no excuse....unless you're a police officer".
True. The Supreme Court, which generally has not been very pro-police in recent years, has continued to uphold Qualified Immunity. And it is not that you can get away with negligence, although I see why you say that, but rather that the court needs to view the incident from a reasonable person's point of view rather than looking at the intent of the officer. Qualified immunity looks at the incident by the officer "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known". If the officer has committed a crime, they are not protected.
One bad apple spoils the whole bunch. If those other mercenaries were "good" they'd not allow the bad apple to exist. Instead of justice they condone the bad apples with their code of silence or obstruction otherwise known as the blue line.
So, by that thinking, all teachers are bad since there are a few that take advantage of their position. And teachers protect themselves as well with the tenure system. I don't think that we could survive as a society if we all thought that.
And good cops don't want bad cops around. All having bad cops around is give the good cops a bad reputation. And while the blue wall (the blue line is what protects you), is something that made headlines in the 70's and 80's, most cops nowadays want nothing to do with that. Are there still bad ones out there? Yes. Are there still some good ol' boys departments out there? Sure. But, you can't condemn a whole group of people just for the actions of a few.
- Merg