Domestic Violence & Civil Orders Body Worn Camera Evidence

[dparker77]

Jurisdiction

Colorado

In the midst of a Domestic Violence case in which I am "Pro Se" unfortunately because I do not want to waive my right to a speedy trial and the Public Defender never prepared a defense for me, and seemed to pressure me for months to take a plea, while appearing to work too close with the DA.

Anyway, after reading the local Police Department's Policies and Procedures Manual on BWCs (Body Worn Cameras), they specifically state that the Officers should have notified me and the alleged victim that they were wearing BWCs and offer us an opportunity to consent or decline. Yet, upon viewing the tapes, they did not ask either one of us. Also, they asked for permission to interview our teenage Son (12) and we both agreed, but now they have him on tape and us, without ever notifying us. Yes, they are seeking to use the videos at trial because 2 out of the 3 officers that came are missing. What can be done before or during trial?

 

[adjusterjack]

Anyway, after reading the local Police Department's Policies and Procedures Manual on BWCs (Body Worn Cameras), they specifically state that the Officers should have notified me and the alleged victim that they were wearing BWCs and offer us an opportunity to consent or decline.

Policies and procedures are not LAW. You are going to have to look up the law behind those policies and procedures to see if there are any statutory exceptions to them. And then you will have to look up case law to see if those exceptions have been upheld on appeal or whether exceptions have been crafted by the appellate courts.

What can be done before or during trial?

That's something for you to discuss with your attorney. And if you aren't happy with his representation you are free to hire a private pay attorney of your choice.