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Albuquerque's police chief thinks cops have a 5th Amendment right to leave their body cameras off (reason.com)

submitted 2 weeks ago by [email protected] to c/abq

7 comments fedilink hide all child comments

cross-posted from: https://lemmy.ml/post/20380296

Medina offered two puzzling excuses for leaving his camera off. He "cited intermittent conversations with his wife, who was a passenger in his unmarked patrol vehicle at the time of the collision," Ortiz says. "He claimed there was a right to privileged communication between spouses, which specifically exempted him from mandatory recording requirements." But the relevant policy "does not provide for nonrecording based on spousal privilege."

Even more troubling, Medina said he "purposefully did not record because he was invoking his 5th Amendment right not to self-incriminate." Since "he was involved in a traffic collision," he reasoned, he was "subject to 5th Amendment protections."

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[–] [email protected] 15 points 2 weeks ago

This is the same dude that got himself a 100k police cruiser because he wrecked his.

[–] [email protected] 2 points 1 week ago* (last edited 1 week ago)

He's probably right from an actual legal standpoint.
But he shouldn't be right.

It only makes sense to have additional laws setting a higher standard of conduct and accountability, for those making, interpreting, and enforcing laws.

As a healthcare worker, I'm a "Mandated Reporter". I could be held legally liable for Not calling the cops, if I see a kid being mistreated in the supermarket. And that makes sense to me. The nature of my job could make me liable and responsible in ways we wouldn't expect from the general population.

Yah, the 5th amendment has no carve-out for any specific jobs. But just like when a person pleads the 5th in court, you know it looks real bad if a cop refuses to turn on their camera.

[+] finitebanjo -9 points 2 weeks ago* (last edited 2 weeks ago) (1 children)

I think he's right, but they should still be accountable for all evidence against them while the bodycam is off including witness testimony and he is also rubbing the social contract real thin.

EDIT: idgaf if you don't like to hear it, our legal system has gaps and flaws we cannot just pretend away.

[–] [email protected] 10 points 1 week ago (1 children)

I get what you’re saying.

I still think there's a difference between a private civilian and a public official (especially one with little to no oversight or accountability). They aren’t forced to be police officers. They choose it. I don’t think I could trust anyone less than I do an officer who would do anything to get rid of body cams.

[–] finitebanjo 4 points 1 week ago* (last edited 1 week ago) (1 children)

Right, but there is currently a constitutional protection which makes it legally okay to exclude any and all self-incriminating evidence and I don't see a police officer clause tacked below it so the officer is factually correct.

[–] [email protected] 2 points 1 week ago (1 children)

I feel like the current legal interpretation disagrees with your statement though.

[–] finitebanjo 2 points 1 week ago

Theres an ongoing case against Nicholas P. Duty for a judge and jury to create precedent for future rulings. Got any past decisions?