Thursday, December 20, 2007

Lubbock DWI Attorneys want the Lubbock Police to videotape all field sobriety tests

As reported this week by the local media, the Lubbock Police Department is using wireless, mobile cameras to help fight crime.  Apparently, these cameras are being placed in alleys and work off movement sensors.  The idea is that even when the police are not there these cameras may help record activities such as burglaries.  
The law is clear that there is no right to privacy to actions in "public places."  If the LPD keeps these cameras focused in public areas then there will be no violations of privacy.  If however, these cameras are used or pointed into homes or other places such as backyards then there will be major issues of privacy and violations of the U.S. and Texas Constitutions.  I guess we will have to wait and see.  Knowing the LPD's tract record I wouldn't hold my breath that they will stay on the straight and narrow.
 What is really interesting to me as a DWI trial attorney is that the LPD will not videotape certain parts of the field sobriety tests, specifically the HGN or eye test, but they will videotape alleys.  It seems that there is a policy at least informally in Lubbock that when a citizen is accused of a dwi the police will not do one of the "tests" on camera.  I have had several officers testify that they were trained either at the police academy or by a field training officer to not perform this test on camera.  I wonder why?  Could it be that by doing it on camera everybody who watched the video including the jury would see what garbage this "test" is.  Could it be that everybody could see when the officer does the "test" correctly and when the don't?
 Bottom line if you need us, call.  We are aggressive Lubbock and West-Texas DWI trial attorneys and are here to help if we can.

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