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 The comissioner found in an unpublished opinion that the image logs submitted with an affadividt did not qualify as a business record, an exception hearsay rule, becuase they were prepared for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

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