As body cameras are becoming more and more common among law enforcement officers, bodycam video footage will continue to become more and more common in criminal trials. If you are someone facing criminal charges, it is important to recognize that, just because something was recorded by a police officer’s body camera, that doesn’t necessarily make it admissible against you in your trial. There may be a variety of different reasons why an officer’s bodycam video footage would be inadmissible but, to keep that proof out, you have to know how to mount a successful objection. When it comes to achieving success in this and other tactical maneuvers in your case, it pays to have an experienced Maryland criminal defense lawyer on your side.
An assault case from Baltimore demonstrates how the hearsay rule may be a powerful weapon in your case where the state wants to use police bodycam footage. In that case, R.B., the defendant, was facing charges that he attacked D.K.
The state did not call the alleged victim as a witness, presumably because the prosecution team could not locate him. The prosecution tried to get around the problem posed by the alleged victim’s absence by introducing into evidence the video footage from the bodycam worn by the local police officer who responded to the scene of the alleged crime and interviewed the alleged victim. In that footage, the police sergeant asked the alleged victim what happened, and he presented his version of events which, unsurprisingly, portrayed himself as innocent and the accused as the sole aggressor.