Q: Are the police allowed to delete part of the dash cam video of a traffic stop that lasted for over an hour including DUI testing. The deletion is for 10-15 minutes and includes… Scroll down to read more!
Q: Are the police allowed to delete part of the dash cam video of a traffic stop that lasted for over an hour including DUI testing. The deletion is for 10-15 minutes and includes me asking them repeatedly for a blood test instead of the preliminary breathe test. They refused to allow me the blood test and I finally did the blow test. They hid the deletion very well and only because I was almost sober that I remember the whole stop. Who should I contact . Department of Justice, District Attorney, or other option. Any help would be appreciated.
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/are-the-police-allowed-to-delete-part-of-the-dash–1926103.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
No. I do not have to be a licensed WI lawyer to tell you that police are not allowed to pick and choose what evidence they collect, nor are they permitted to edit or effect or even censure it in any way, shape or form. The cops are stewards; obligated to meticulously care for, preserve, collect, maintain and present to the State’s prosecuting authority everything, just as it was whence they found it. Anything less than absolute perfection in this process results is contamination and forms the basis for a motion to suppress, dismiss and possible for sanctions.
The “remedy’, if there is one, is to be sought and achieved by your lawyer and your lawyer only.
If your case is closed and you are seeking post-conviction advise then you should speak to an appellate lawyer about possible remedy / grievance that you may have.
I hope that I have been helpful in answering your question.
Michael A. Haber
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