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Audio, videotape evidence

Published (3/25/2010)
By Mike Cook
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Action seen or heard on a tape should be able to speak for itself. But that is not always the case in some Minnesota courts.

Sponsored by Rep. Steve Simon (DFL-St. Louis Park), HF212 would clarify that a pretrial filing of a written transcript from an audio or videotape in a law enforcement vehicle is not a prerequisite for admission of that recording evidence in a criminal trial or a DWI license revocation hearing.

Passed 130-0 by the House March 23, it awaits action by the full Senate. Sen. Leo Foley (DFL-Coon Rapids) is the Senate sponsor.

“In some jurisdictions in some parts of the state there are courts that are reading into the law a requirement that is not there,” Simon said.

Simon previously said all state patrol vehicles and many other police vehicles have dashboard cameras and that there are “tens of thousands of cases” recorded annually. “If every judge were to do this, there would be virtual paralysis in law enforcement of having to produce a transcript each and every time.” Simon noted many cases don’t even go to trial; thereby potentially forcing agencies to make the time and cover the expense of producing an unneeded transcript.

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