Message posted by olowy on February 19, 2006 at 17:56:31 PST:

BUt even a video would require some sort of legal foundation to be introduced into evidence. THe prosecutor cant just say here is a tape someone sent me. Someone who knows about the video tape and the events in it (as well as chain of custody) would need to testify. Also, if the court only relied on the police citation it would be very easy to shot holes through. All I would ask the deputy (assuming his report or testimony got in was "So you never saw my client actually cross the line" and "So what you are saying is everything in your report is based on second hand knowledge, and then make a stink why the prosecutor didn't bring the eye witness who saw the crossing (best evidence, what are they trying to hide, etc).
An interesting academic debate as it is one of those things I would never want to actually test.

In Reply to: Re: posted by Chuck Clark on February 19, 2006 at 8:12:25 PST:


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