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Thursday, November 15, 2012
By Michael Nichols
Categories: Josh Covert
Attorney Joshua Covert recently worked on a case where the officer’s version of what had occurred varied drastically from that of his client. Mr. Covert knew that there was a traffic stop and an HGN (Horizontal Gaze Nystagmus ) preformed. As part of his usual process Mr. Covert sent out a FOIA (Freedom of Information Act) requesting any video or audio of the incident. Normally, when an officer conducts a traffic stop or an OWI investigation it is recorded on the patrol car’s mobile video recorder (MVR).
In this case, Mr. Covert was surprised to hear from the prosecutor that the Michigan State Police patrol car was not equipped with MVR technology. In fact the prosecutor told Mr. Covert that only two of the patrol cars have such technology. This surprised Mr. Covert because it is fairly routine for patrol cars to possess a MVR. Apparently the Michigan State Police do not think it is important to document their encounters with citizens or they are not comfortable with jurors and attorneys watching or listening to how they interact with citizens.
The MVR is an important part of evidence. For starters the MVR is the only piece of uncontroverted evidence. The video shows what it shows. The MVR is also important because it can either confirm or dispel that the Standardized Field Sobriety Tests were conducted or administered properly. “If a picture is worth a thousand words how much is the MVR worth…. PRICELESS” says attorney Joshua Covert. If you have been charged with a crime you should know that it is likely that your interactions with police were recorded. Call an attorney with the Nichols Law firm today and speak with attorneys who understand the importance of MVR systems.