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There's arguments on both sides, but the thing I've noticed in the article is that of the department's that currently do this, I haven't seen anything about them allowing ordinary citizens who claim self defense to be able to see video evidence prior to making a statement.
What's that old saying, What's good for the goose is good for the gander?
Should police get to view videos immediantely after a shooti
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Re: Should police get to view videos immediantely after a sh
In Ohio, a University of Cincinnati police officer Ray Tensing was allowed to view body camera footage before submitting his report on the shooting of motorist Samuel DuBose, whom he had claimed started to drag him down the street with his arm still inside the vehicle. That scenario was not backed up with what is seen on the officer's body camera video and some have questioned why Tensing was allowed to view the footage beforehand.
Then they get how many days to construct a narrative?
The 2A is all about militias (not police departments) rooting out local injustice, perhaps it's time to get back to our roots.
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Re: Should police get to view videos immediantely after a sh
How many times have you heard, "If you have nothing to hide, why don't you talk to the cops without benefit of counsel/allow a warrantless search"?
Now, how many times have you heard a cop say that about another cop?
As the saying goes, SOME animals are MORE "equal" than the others...
Now, how many times have you heard a cop say that about another cop?
As the saying goes, SOME animals are MORE "equal" than the others...
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Re: Should police get to view videos immediantely after a sh
The better question is why is an ordinary citizen giving any kind of statement, having seen the video or not?M-Quigley wrote:I haven't seen anything about them allowing ordinary citizens who claim self defense to be able to see video evidence prior to making a statement.
Police officers have to write reports. Private citizens don't.M-Quigley wrote:What's that old saying, What's good for the goose is good for the gander?
I'm not arguing with you specifically but seriously folks, if you ever find yourself in a self defense shooting you should tell the police, orally or in writing, exactly nothing other than name, rank, and serial number. Your attorney will obtain the video in due time and will make all statements on your behalf, including at trial, if it comes to that.
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Re: Should police get to view videos immediantely after a sh
Wow. There is definitely a lot of ignorance on this topic. I've seen it on other forums, too.
Private citizens NEVER have to give a statement. If they choose to, they can wait as long as they want to, and can submit requests to view available video. Of course, if they are criminally charged, they will indeed see that video, as it will be provided to them and their lawyers through a process known as discovery. They can certainly make a statement after that if they want to, or can invoke their fifth amendment right to remain silent--forever.
While it may vary from place to place, police officers are typically ORDERED to provide a statement. Sometimes that means a brief description of it immediately after, and a lengthy interview later. A police officer may invoke what we call "Garrity rights," which mean that the statement the cop is ordered to provide can't be used in a criminal action against him or her. Basically, Garrity means that the officer still has the 5th amendment protection against self-incrimination. The statement will be used in administrative procedures, to issue discipline if appropriate. A police officer can refuse to give a statement, even after being issued an order to do so. Typically, that would result in being fired, and loss of union benefits, which vary.
Private citizens NEVER have to give a statement. If they choose to, they can wait as long as they want to, and can submit requests to view available video. Of course, if they are criminally charged, they will indeed see that video, as it will be provided to them and their lawyers through a process known as discovery. They can certainly make a statement after that if they want to, or can invoke their fifth amendment right to remain silent--forever.
While it may vary from place to place, police officers are typically ORDERED to provide a statement. Sometimes that means a brief description of it immediately after, and a lengthy interview later. A police officer may invoke what we call "Garrity rights," which mean that the statement the cop is ordered to provide can't be used in a criminal action against him or her. Basically, Garrity means that the officer still has the 5th amendment protection against self-incrimination. The statement will be used in administrative procedures, to issue discipline if appropriate. A police officer can refuse to give a statement, even after being issued an order to do so. Typically, that would result in being fired, and loss of union benefits, which vary.
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Re: Should police get to view videos immediantely after a sh
The written report of a police officer is also subject to discovery. Why not view the video? Videos from every knucklehead with a cell phone are already on the evening news.Thug Hunter wrote:Wow. There is definitely a lot of ignorance on this topic. I've seen it on other forums, too.
Private citizens NEVER have to give a statement. If they choose to, they can wait as long as they want to, and can submit requests to view available video. Of course, if they are criminally charged, they will indeed see that video, as it will be provided to them and their lawyers through a process known as discovery.
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Re: Should police get to view videos immediantely after a sh
My issue with Garrity has always been you pretty much give them the ammo for areas to look. If you as a police officer kill someone with say a knife and hide the knife and hide the body. Then invoke Garrity and say "the knife is here and the body is there" does that mean they can't use either of those against you in court? I highly doubt that. The police investigating the crime criminally will simply say they were on the path to where both were located and that your statement didn't lead them there. When I had union protection, I never fully understood Garrity and how it helped anyone.Thug Hunter wrote:While it may vary from place to place, police officers are typically ORDERED to provide a statement. Sometimes that means a brief description of it immediately after, and a lengthy interview later. A police officer may invoke what we call "Garrity rights," which mean that the statement the cop is ordered to provide can't be used in a criminal action against him or her. Basically, Garrity means that the officer still has the 5th amendment protection against self-incrimination. The statement will be used in administrative procedures, to issue discipline if appropriate. A police officer can refuse to give a statement, even after being issued an order to do so. Typically, that would result in being fired, and loss of union benefits, which vary.
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Re: Should police get to view videos immediantely after a sh
And I don't quite understand the interplay between federal and state law. 99% of the time an OIS is going to be a state matter. Chances are you'd be questioned by a local/state authority under Garrity. Can the feds then come in and say oh well, we're not investigating you for state homicide charges, we're investigating the whole situation for federal civil rights violations and subpoena all of the state/agency records in the matter? Kind of like how the governor of Ohio can't pardon someone for a federal offense.JediSkipdogg wrote:The police investigating the crime criminally will simply say they were on the path to where both were located and that your statement didn't lead them there. When I had union protection, I never fully understood Garrity and how it helped anyone.
Information, like money, is fungible. Once it's out there it can be laundered and turn up in all sorts of unexpected places.