Monday, June 30, 2008

In-Car Video as Evidence

Here is a link to an interesting article on the issues related to evidence generated by in-car video systems.

"Changes made in late 2007 to the Federal Rules of Civil Procedure (FRCP), mandate the speedy recovery of electronically stored information (ESI) for the purposes of the discovery phase of civil suits. If you’re going to create a repository of ESI, as law enforcement agencies have done for their digital video files, that repository is discoverable in the civil courts."

“Law enforcement agencies need to create a policy on how long to keep video, how to destroy it, and defining the litigation hold policy,” Manes explains. He says also, “When you decide to destroy something, you have to apply that policy equally. If a law enforcement officer says ‘I’m going keep that for my personal profile because I did a good job with that subject, but I’m going to destroy the rest of the CD’ – that creates a problem. If the law enforcement officer or agency gets sued, you have to go to the stand and explain why you kept this one piece and not the others.”

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