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by rotor
Tue Sep 12, 2017 3:57 pm
Forum: Site Announcements, Questions & Suggestions
Topic: Request for Texas AG opinion on body cams
Replies: 15
Views: 11962

Re: Request for Texas AG opinion on body cams

Jusme wrote:
MechAg94 wrote:Side question: Looking at the language, if I were to get video on my phone of an incident, does that mean the officer can take my phone or just look at the video and get a copy?

I think it is referring only to video, from DPD body cams, and only from those of any officers who were on the scene, or involved in the incident. Any privately held videos, if known, or believed to exist, could only be obtained through subpoena, or warrant. All PD/ SO body cam video, is owned by that department, and as such owned by the public, and subject to disclosure through the Open Records Act.

I personally, have no issue with an officer, viewing any and all video from an incident, before making a statement. The video doesn't lie. It may be grainy, and hard to see, in certain situations, but as long as it is unaltered in any way. it is, what it is. In an officer involved shooting. the officer, is human, and as such, is subject to tunnel vision, adrenaline rush, and a myriad of other things that go along with it. Memory, can become fuzzy, or in some instances, non-existent, as to minute details. Secondly, what an officer sees, or believes, he/she sees, may be totally different, from another officer's perspective standing a few feet away. lighting changes, point of view changes, etc.
The officer who fired the shot, may have "thought" he saw a gun, and reacted accordingly. The officer three feet to his right, may have recognized the item, being held, as a cell phone, and so, did not react, by drawing and firing.
It sounds to me like the Dallas DA, wants to only have officers, view one perspective, and then give a statement, so that she can yell "gotcha" if another body cam shows any discrepancy. Viewing other perspectives, in my opinion, will not change an officer's statement, or recollection, but it may help, jog his/her memory, that stress, may have blanked out. As long as his/her statement, doesn't disagree with the video, even if it puts the officer in a bad light, there should be no problem. JMHO
This makes it easy for an officer to make a statement that fits a scenario beneficial to him/her instead of what may have happened to him/her in real time. I hope that if I am ever involved in a legal issue like this that I get to see everything the prosecutor side has before I ever make a statement.

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