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tal , (edited )
@tal@lemmy.today avatar

I mean, I assume that a defense attorney is going to go after any potential point of weakness if it’s used as evidence.

But in terms of just providing a summary for internal use, or for public consumption, I imagine that it’s probably fine.

One important point that it can’t capture is an officer documenting beliefs and intentions. A microphone and camera cannot see inside someone’s head. There are points in law where belief is meaningful, and if you don’t write something down at the time, you’re probably not going to remember it months later.

So, for example, let’s take Colorado’s law on when the use of deadly force is permissible:

codes.findlaw.com/co/…/co-rev-st-sect-18-1-704/

(2) Deadly physical force may be used only if a person reasonably believes a lesser degree of force is inadequate and:

(a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or

(b) The other person is using or reasonably appears about to use physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or

(c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or assault as defined in sections 18-3-202 and 18-3-203.

My point is that this is a point where what the law permits rests on what is in someone’s head. There are two requirements: (a) someone has to believe something, and (b) that belief has to be reasonable. So, in Colorado, for example, you cannot make use of deadly force to protect property.

Now, in incidents where deadly force was used, it may be that a higher bar is used – people go out and gather a lot of evidence, everyone is interviewed, whatever. But my point is that a camera and a microphone alone won’t have access to potentially-important information.

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