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RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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In TX, by law, do the officers have to have video and audio

Customer Question

In TX, by law, do the officers have to have video and audio on during a traffic stop? If so and it's not on, can case be dismissed
Submitted: 1 year ago.
Category: Criminal Law
Expert:  RobertJDFL replied 1 year ago.
Thank you for your question.
There is no requirement under Texas law that officers use video or audio during a traffic stop, so their choosing not to do so is not a violation of the law nor grounds for dismissal. Many departments do choose to use on-board dash cameras and such now due to the high amount of incidents around the country involving police fighting with persons, but it isn't a requirement.
Customer: replied 1 year ago.

Ok, so if dashcam was used, would you have to file a motion to discover or is it automatically submitted. The statement from the arresting officer will not match the video if there is one. Conveniently it's not ready and the arrest was May 1.

Expert:  RobertJDFL replied 1 year ago.
Thank you for your reply. Sorry for the late answer, I was not online all day.It is not automatically submitted -yes, the prosecutor will try to get it in, but it's not that easy. As with all evidence or testimony, dash cam video evidence is admissible if, and only if, it is relevant. In addition to being found relevant, videotaped evidence must be authenticated. The most common method of authentication is for a witness with sufficient knowledge to testify that the video reproduces a fair and accurate portrayal of events at the relevant time. In other words, the officer would have to testify that yes, that was the video from their patrol car, of the incident in question, and that it is a fair and accurate portrayal. In criminal cases there may also be an issue as to the admissibility of the audio portion of the video. For example, the audio may be excluded if it contains an incriminating statement of the defendant, obtained by police in violation of the defendant’s right to remain silent. It sounds like you may have already requested it, but if not, you have a right to make a demand for all evidence (discovery) that the prosecutor has, which would include the dash cam video.
Customer: replied 1 year ago.
Relist: Other.
Because y'all said I could ask as many as I wanted and I never got another response. I've been waiting on a reply for 24 hrs not 9sector whatever your ad says
Expert:  RobertJDFL replied 1 year ago.
I did reply to your follow-up question; it did take me a little longer to get back to you because I was not online for much of the day yesterday so I replied as soon as I got on in the evening. Yes, you can ask as many follow-up questions as you need to until you understand the answer, however, the site advertises new questions are answered every 9 seconds SITE WIDE. We have hundreds of experts and thousands of questions in dozens of categories on this site.
Please read my most recent reply to your follow-up question and let me know if you need any additional information. Thank you.