Robert G. Stahl, Esq.

The world is now a much smaller and more surveilled place. Private companies that make our smart phones, home security systems, smart home systems, baby monitors, computers, E-Z Pass, real time traffic apps and many more internet-of-things devices track, record and store information about our personal lives. Law enforcement has access to much of this information, often without the need for a warrant. Furthermore, law enforcement has its own methods to track and record private citizens through wiretaps, license plate readers, surveillance cameras, mobile tracking devices, hidden recorders and many other devices and methods.

Many police departments around the country use body worn cameras to capture officers’ interactions with citizens and suspects. When properly used, the footage from these encounters has proven helpful to prosecutors and defense attorneys, allowing both sides to examine one aspect of the encounter. When combined with eyewitness reports, police reports, footage from video cameras in the area and traditional evidence, a more complete understanding of the incident should be available. The growing popularity of body worn cameras has revealed, however, that the recordings can present a one-sided view, and are capable of being misused, misinterpreted, and tampered with.