Idaho and Police Body cams

Idaho and Police Body cams

If you are from out of state and stopped by an Idaho State Trooper you may be shocked to know that Idaho does not require two-way consent to a recording. What does that mean? Well, a police officer who is recording your conversation does not have to tell you that it is being recorded. This applies to the police body cams. So you may be thinking the police must tell you that you are being recorded and therefore your stop wasn’t valid. Wrong! You will likely see yourself flustered and uncomfortable in front of the officers body cam, or pocket recorder. Now, in Oregon the Police must tell you before recording you because it requires both parties to the conversation to consent. But as with other things, Idaho is not Oregon.

Body cams are amazing, but not perfect! Its important to remember that your demeanor, tone, and posture all play a part in how people may perceive you later. Even non-verbal communication can be devastating to a case if there is a body cam. Often if someone is polite, respectful, and truthful with law enforcement they come a crossed credible. I have seen cases won, when a jury feels sympathy for the defendant based on his level of politeness and respect for law enforcement. For all their benefits they have draw backs.

Unfortunately one crucial drawback to the body cams is you never get to see the police’s non verbal communication. Police officers often exhort non verbal force (such as placing their hands on their belt, or holding a mic while they talk to you, or even how they are looking at you. None of these can be seen on the body cams. What can be heard is their tone of voice and their respect towards you. Body cams act as a safe check for the police, but also for you. You should be thankful they have them on when they do. It gives a pretty clear picture of what happened in most cases, but like I said previously, the jury only sees one side of it.

Another downside to body cams is, they frequently get turned off. I have heard everything from “I forgot the body cam” to “it ran out of batteries” in court. Sometimes I honestly think it is intentional and other times I believe it isn’t. On the one hand, we want to believe police officers. It would be very hard to be a police officer these days. I have a lot of respect for them. Police lay their lives on the line for people like me who poke holes in their investigations, listen to criminal clients complain about police brutality, and then see the case they worked on get dismissed over a plea deal or technicality. I couldn’t do their job. I believe it takes a special breed. So, if they forget something every once in a while, why not let it go. They are just doing their job and it’s up to us to get out of their way.

On the other hand, I have seen some serious violations of law occur with regards to these body cams “not being on” for some reason. A police officer never forgets their badge or firearm, bullets to their gun, bulletproof vest, or pants to their uniform, but I notice they seem to forget the body cam quite often. Strangely it is usually after a Defendant has told me that the officer committed an illegal search or seizure. Of course, sometimes the police get away with it, other times they don’t.

However, bodycams have serious benefits to both the prosecutor and the defense attorney. First, they allow the attorneys to visualize the situation. A camera can act as a supplement to a police report. Sometimes police forget to mention minor details that turn out to be major, like the weather that night, road conditions, location of the crime, ect. Second, it illuminates context on the situation for both attorneys. Sometimes these videos can tug your heart strings, or make you angry at the defendant. Knowing this before plea bargaining is vital. Last but not least, bodycams can protect the police. I feel horrible when I cross a police officer on the stand who was doing his job right, when my client has been telling me something else. Having a body cam allows me to see what is happening, if my client is just leading me along trying to use the court system to get back at an officer. These benefits are invaluable. They should be considered always.

So in summation, the body cams are not such a bad idea. I think that other cities and states should use them. They help me do my job more effectively. However, they are not perfect, and I hope to see some judicial reform regarding their use in later years. For now, they are alright, I guess I will keep them.