Thursday, September 16, 2010

Red Light Camera Ticket Violates Confrontation Clause

A San Diego Traffic Commissioner dismissed a Red Light Camera, Photo Enforcement ticket because the evidence presented by the Police Officer violated the Confrontation Clause. The comissioner found in an unpublished opinion that the image logs submitted with an affadividt did not qualify as a business record, an exception hearsay rule, becuase they were prepared for litigation and not in the ordinary course of business.

The Commissioner relied on the recent US Supreme Court case Melendez-Diaz v Massachusetts.

The decision was reached on 08/16/2010

Wednesday, September 15, 2010

Parole Status of Passenger Doesn't Justify Search of Car

In The People of the State of California v. Douglas Schmitz the California Appellate Court held that just because a front passenger was on parole and had waived her fourth amendment rights, the police couldn't search of the back seat of the vehicle. The drugs, methamphetamine and syringes, were suppressed. In other words, the evidence was thrown out. The case was decided 8/18/2010.