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Justices Weigh Admissibility Of Red Light Camera Photos

Publication Date: 
October 10, 2012
Daily Journal
Henry Meier

Professor Jeff Fisher is quoted by Henry Meier of the Daily Journal regarding the validity in court of evidence collected by red light traffic cameras and how 6th Amendment arguments may still be valid. 

Is RoboCop's word in court subject to verification by those who built and maintain him?

It may not be a battle over the admissibility of cyborgs' statements at trial, but lawyers are waging an intensifying war over the handling of evidence collected by red light traffic cameras.


Stanford Law School professor Jeffrey Fisher, who argued the landmark Confrontation Clause case Crawford v. Washington, 541 U.S. 36 (2004) before the U.S. Supreme Court said just because AB 1303 created a hearsay exemption for images produced by red light cameras, that didn't mean 6th Amendment arguments were invalid.

"The core holding of Crawford is that a statutory regulation cannot trump the demands of the Confrontation Clause if an out-of-court statement is testimonial and introduced for the truth of the matter asserted," he said.