From: "Todd Nichols" To: Subject: RE: Affidavit for video Date: Thursday, April 14, 2005 3:22 PM Tom, Beginning in the mid-90's, at least, most, if not all, mobile video cameras specifically designed for in car use by police officers have a feature built in that allows the officer to activate the video camera from his person by activating the body microphone. While I am not sure that this helps much, it seems to negate his feasibility argument since he never really had to return to his vehicle to activate his camera. All it takes is a flick of the finger from within the range of the transmitter and the camera is on. I think your cop is full of crap and is attempting to make chicken salad out of chicken shit. Just my opinion. -----Original Message----- From: Tom Austin [mailto:tom.austin@simpledsl.com] Sent: Thursday, April 14, 2005 2:58 PM To: scacdl@scbar.org Subject: Affidavit for video << File: TomSDSL.pdf >> Well, out of the pan, into the fire. I have another trial coming up with same prosecutor and police officer who testified in trial this morning that the activation of his light bar activates the camera AUTOMATICALLY, which was a big issue today. I get the road tape on this one, notice the camera does not come on until my guy is already doing the FST's and is taking the third one. I email the prosecutor and ask where the first 10-15 minutes of the tape are, is this an original tape. I then get the attached affidavit...if you can't open, it says when he realized he was investigating the DUI, as soon as feasible, he went to car and turned on tape..."This was done when I de-activated my light bar to administer field sobriety tests." Does anyone feel that this is a legitimate defense or affidavit for the prosecution? Anyone had similar situation or briefed it? Thanks to Chris Spradley for faxing me the order this morning, even though our judge did not agree. Tom Austin ----- Original Message ----- From: "sharp" To: Sent: Thursday, April 14, 2005 2:45 PM Subject: Scanned Documents > > DEVICE NAME: sharp > DEVICE MODEL: SHARP AR-507/S507 > LOCATION: front > > FILE FORMAT: PDF G4 > RESOLUTION: 300dpi > > Attached file is scanned image in PDF format. > This file can be read by Adobe Acrobat Reader. > The reader can be downloaded from the following URL: > > http://www.adobe.com/ > > > ---------------------------------------------------------------------------- ---- No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.308 / Virus Database: 266.9.10 - Release Date: 4/14/2005