The state of Ohio is taking surveillance to the next level by purchasing two portable, video surveillance towers. According to The Columbus Dispatch, the Ohio Department of Public Safety will be using the towers, made by Flir Systems Inc., at large events that bring in big crowds, such as the Ohio State Fair and concerts. The towers are fully equipped with surveillance cameras, loudspeakers, spotlights, and a sophisticated radar system. Flir’s website says the towers offer a “completely customized surveillance platform suitable for high-level, temporary security ventures, providing a bird’s-eye view of the surrounding area.”
Read MoreThrough our experience helping clients find, enhance, and present both audio and video evidence, we’ve seen a few issues with one side mishandling audio or video evidence. Last year in October a Vermont man named James Franqueira refused to pay for his cab and pulled a gun on the driver.
Video surveillance footage was taken by a nearby Valvoline. The video footage was captured by the police but never listed as evidence.
On the morning before Franqueira’s trial the DA learned there was video surveillance evidence. “The contents of my case file did not get turned over to the DA,” said Det. Ronald Epstein, the lead detective on the investigation. It was on his desk.
This mishandling of video evidence happens often. It’s not always detrimental to the case, but in this video footage Franquiera can be seen on camera, committing the crime. The judge awarded a mistrial, and Franquira will have to be retried by the Vermont DA. A very expensive process for everyone.
Read MoreDowntown Huntington Beach, a popular tourist attraction, may soon have several surveillance cameras installed throughout the city. As police numbers drop, crimes such as alcohol-related assaults and thefts continue to rise, and some feel that surveillance cameras would be a good step towards cutting down on these crimes.
Not all city officials are on-board with the idea, though. City Councilman Matthew Harper had this to say: “When the government is coming in and placing cameras all about a public area, that’s a Big Brother world that I’m not interested in being a part of.”
But Police Sergeant Jim Katapodi feels that the security cameras would be beneficial, claiming that in his experience, cameras deter crime and those who are not breaking the law have nothing to fear.
This situation is becoming more and more common across the country, and as more and more cameras pop up, it will be interesting to see how the courts decide on these rulings. As of now, they seem to be letting public surveillance prevail.
Read MoreTwincities.com just reported about a case in Little Canada, Minnesota, where Andrew Henderson was recently charged with two misdemeanors: obstruction of legal process and disorderly conduct. His crime? Henderson was videotaping two Ramsey County sheriff deputies as they were assisting a bloody-faced man outside of his apartment complex.
Henderson, who regularly carries his camera around to take video, was standing thirty feet away from the officers, merely observing the situation. Jacqueline Muellner, an officer on the scene, promptly approached Henderson and confiscated his camera, to which he claimed, what I am doing is legal.
This is just one more in a slew of national cases concerning the video recording of on duty police officers – especially when they are arresting an individual.
Andrew Henderson, well-versed on the law and his rights, stood his ground even after his equipment was confiscated, calmly reminding Muellner that he simply wanted to record in a public space. Which is perfectly legal.
I’m eager to see what comes of this case, as it may have implications with similar cases down the line regarding video cameras and recording the police.
Read MoreThe Orlando Sentinel reports that drones in Florida may be getting outlawed soon. The law, proposed by Senator Joe Negron, passed its second Senate committee earlier this month. If the legislation goes through, video surveillance drones in Florida will only be legal with a warrant, and under other extenuating circumstances like hostage situations and terrorist threats.
Law enforcement agencies, especially ones in Florida, are not pleased with these decisions. Video surveillance drones are an efficient technology: they are more affordable than helicopters, they are safer (no passengers) than helicopters, they do not disrupt public live as much, and can navigate much smaller spaces. It’s the last two qualities that has Senator Negron and Fourth Amendment privacy advocates against video surveillance drones.
Potentially, one of these surveillance drones could drop into your backyard, look in your window, and for many that seems to be a little too invasive. But this won’t be the last case involving video surveillance drones, or video and audio surveillance. As technology changes, so will the law.
Read MoreVideo surveillance technology is growing at a rapid pace, in both quality and quantity. In a recent case involving a farm in Wisconsin growing over 1,000 marijuana plants, the Drug Enforcement Administration installed high-definition surveillance cameras. The DEA arrested farm owners Manuel Mendoza and Marco Magana, who have been charged with federal drug crimes and face life imprisonment.
While the accused men claimed their fourth amendment right to privacy was violated by a warrantless DEA camera installation, US District Judge William Griesbach ruled that the cameras were placed in areas of the farm where one could not reasonably expect privacy.
In cases all around the nation, it seems the boundaries of fourth amendment privacy privileges are actively sacrificed by judicial preference to national and local security efforts. It is, in fact, hard to turn a blind eye to crimes that can be so vividly exposed by video surveillance footage. That said, the laws on these issues are different in every state, and almost always include grey area that leaves room for interpretation – interpretation that generally comes after surveillance footage has been entered as evidence, and people like Mendoza and Magana are already on trial for their crimes.
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