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45 www.officer.com March 2014 Law Enforcement Technology TA L K I N G P O I N T S As dash cams and body-worn video systems become standard operating procedure, studies are showing dwindling liability claims and better overall behavior A D V A N C E M E N T S I N T E C H N O L O G Y I n a profession where split-second decisions can have serious consequences, having a video account of officer interactions can exonerate an officer if his or her actions are brought into question at a later date. Prior to the 1980s, in-car police cameras were largely nonexistent. The first documented effort to install an in-car police camera was in the late 1960s when the Connecticut State Police installed a camera, tripod and equipment in a police vehicle. At the time, the technology proved impractical. Twenty years later, Mothers Against Drunk Drivers (MADD) brought nationwide attention to DUI and provided funding to law enforcement to equip vehicles with dash cams meant to specifically assist in the prosecution of DUIs. In the 1990s, during America's "War on Drugs," dash cam footage was used to show juries that defendants had consented to the search of their vehicles during traffic stops. The technology was also utilized to address sensi- tive issues such as racial profiling in traffic stops and assaults on police officers. In 2000, the Department of Justice and the Office of Community Oriented Policing Services (COPS) initiated the In-Car Camera Initiative Program to provide funding for dash cams to state police and highway patrol agencies throughout the U.S. Prior to this initiative, only about 11 percent of state police and high- way patrol vehicles were equipped with dash cams. By 2003, 72 percent of state police and highway patrol vehicles were equipped. Without a question some officers will nega- tively perceive the usage of dash cam video as a means for their employer to supervise their patrol. However, research has demonstrated that dash cam video footage exonerates officers of wrongdoing more than 90 percent of the time. In May 2011, law enforcement officers in Tomah, Wisconsin were exonerated in the fatal shooting of Seth McCloskey after dash cam footage showed McCloskey exited his vehicle and fired a handgun at officers. In that case, an eye witness testified that law enforcement misrepresented the facts to justify the shooting. However, the dash cam video footage corrobo- rated the officers' version of events. Similarly, in Monona, Wisconsin, dash cam video helped exonerate a law enforcement officer in a December 2010 shooting. Outside of Cleveland in 2009, a teenager with a toy gun was fatally shot by law enforce- ment officers. Once again, the video derived from the in-car technology demonstrated that, in that instance, the officers' use of deadly force was justified. The benefits of dash cam technology go beyond simply exonerating officers from wrong- doing. They have also been found to enhance officer safety, reduce liability, improve the com- munity/media's perception of law enforcement, and improve conviction rates. Further, in a sur- vey conducted by the International Association of Chiefs of Police (IACP) and COPS, 51 Let's have a look at the footage Alan Carroll Nash Alan Carroll (A.C.) Nash is an attorney with the Fort Lauderdale Office of Civil Defense Litigation firm, Marshall Dennehey Warner Coleman & Goggin. Mr. Nash focuses his practice on the representa- tion of municipalities and law enforcement agencies in federal and state civil rights matters involving false arrest, malicious prosecution and excessive force. He may be reached at acnash@mdwcg.com . Jason L. Scarberry Jason L. Scarberry is also an attorney with Marshall Dennehey Warner Coleman & Goggin's Fort Lauderdale office. Mr. Scarberry has extensive experience in defending law enforcement officers and agen- cies against civil rights claims. Additionally, he has defended claims based on violations of the first, fourth, eighth and four- teenth amendments. He may be reached at JLScarberry@mdwcg.com . By treating the camera as another tool, an offcer can not only increase his effectiveness, but protect himself from liability, both civilly and professionally. LET_45-47_TalkingPoints0314.indd 45 2/24/14 10:54 AM