[Speed Gibson,
Tuesday March 14, 2006 at 11:13pm]
Score one for due process
District Judge Mark Wernick has struck down the red light photocops in Minneapolis. The cameras do not photograph the drivers, and State law requires that the driver be identified beyond a reasonable doubt. Hooray and a honk for the ACLU of Minnesota; they were on our side for once.
Even if the system is changed to photograph drivers, I say it would still be unconstitutional because you cannot cross-examine a machine. Photographs and recordings, easier than ever to fake, generally cannot be introduced as evidence in criminal trials unless authenticated by testimony.
Do the right thing, Minneapolis. Tear them out.
Even if the system is changed to photograph drivers, I say it would still be unconstitutional because you cannot cross-examine a machine. Photographs and recordings, easier than ever to fake, generally cannot be introduced as evidence in criminal trials unless authenticated by testimony.
Do the right thing, Minneapolis. Tear them out.