gitana1
Verified Attorney
- Joined
- May 31, 2005
- Messages
- 29,387
- Reaction score
- 230,053
BBM. I mean publication of the video being prejudicial to the defendant. Decades ago, a NY federal Court ruled that even staged perp walks are highly prejudicial and inflammatory to the perp prior to trial. The intent of cops/DA (is to convict) and the media is to humiliate the perp. The more click bait, the happier the media!
CD is a suspect but he still has rights. His strip search was recorded by LE and then publicly released which could be highly prejudicial to his receiving a fair trial with an impartial jury. I want the defendant to have a fair trial.
A few decades ago, a Federal judge in NY State ruled that perp walks on public sidewalks are too prejudicial and the media accepted that decision.
JMO
Staged "perp walks" constitute unreasonable search and seizure
From the Fall 2000 issue of The News Media & The Law, page 15.www.rcfp.org
I understand where you’re coming from. And it’s possible that there could be repercussions as a result of this kind of footage, in the form of lawsuits, in the future. Either in this case or the many others which feature arrestees being booked. (They’re all over YouTube)
But it has nothing to do with his confessions being thrown out as you suggested.
First: The case you discussed was a 42 USC 1983 civil rights lawsuit against the officer who did the perp walk. It had nothing to do with whether evidence against the plaintiff who had been arrested, was admissible in the criminal case against him. That was civil litigation. It had nothing to do with his criminal charges.
“Lauro brought suit against Charles, the City of New York, and the Police Department under 42 U.S.C. § 1983, alleging violations of the Fourth Amendment, the Sixth Amendment, the Eighth Amendment, and the Due Process Clause of the Fourteenth Amendment, as well as numerous violations of New York state law, stemming from his arrest and from the perp walk.” Lauro v. Charles, 219 F.3d 202 | Casetext Search + Citator
Second, the perp walk in that case was staged. It wasn’t a legitimate walk into the station arrest. He had already been arrested. That’s what made the event problematic for the court.
Third, nowadays, every last thing is recorded due to the issues with law enforcement brutality. This ensures that such behavior can’t be brushed under the rug. The public also has rights to information about a criminal case. The public also has a right to ensure we don’t have secret criminal trials and arrests. So the media and the public can request that info and LE can release it due to the arrest being of public interest, even in the absence of a media request.
Fourth, that was a federal appellate decision. So that covers federal cases. Not state cases. If it was a state appellate decision that would be different. And then it would have to be an Ohio state appellate decision to be controlling.
Fifth, perp walks continue to be recorded. The media has not stopped recording and publishing perp walks. We see them continuously. Including in NY:
And neither the media nor LE has been successfully sued, for unstaged perp walks. Moreover, it has not led to anyone’ charges being dropped or evidence being deemed inadmissible.
So, while one may argue that such a thing is prejudicial, it’s not going to affect a possible conviction in this case. Some may be happy about that. Others may not.
I get the argument. But it’s hard for me to care in this particular case.