|Video Lost | DUI Case Dismissed|
Tampa Criminal Defense Expert just researched a case of Driving under influence DUI, where charges were dismissed with prejudice where Evidence including Statements of the defendant were obtained when a defendant was not advised of Miranda rights at conclusion of traffic crash investigation. The cops began a DUI criminal investigation and tried to use statements of defendant during DUI investigation. The statements were suppressed.
The Court ruled that a Videotape and other evidence of defendant’s performance during field sobriety exercises were suppressed (thrown out) where a Sheriff’s deputy intentionally confused and unduly influenced defendant’s decision to withdraw initial refusal to perform exercises. This is called acquiescence to lawful authority and renders consent to exercises involuntary.
Finally after these two serious violations of the rules by the Police, the cops failed to preserve the DUI videotape. The Deputy knew videotaping equipment in his vehicle had been malfunctioning for extended period of time and was malfunctioning at time of stop. Sometimes police have policies requiring review of videos and replacement of unsatisfactory videos with new recordings or take other action to ensure there was satisfactory recording. The Deputy’ s actions were tantamount to bad faith.
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Source: FLW 1804mili (2011).