Table Of Contents
- Understanding California Police Mobile Video/Audio Recording Systems (MVARS)
- How Do MVARS Work?
- How Many Squad Cars Have Dash Cams?
- How MVARS Can Help Your Case
- Potential Downsides of MVARS Evidence
- How to Obtain MVARS Video Recordings
- Processing Time for Your Request
- Conditions Under Which MVARS Recordings May Be Withheld
- Get a Free Lawsuit Evaluation With Our Lawyers
Understanding California Police Mobile Video/Audio Recording Systems (MVARS)
In response to public demands for greater law enforcement accountability and transparency, many police departments have adopted dashboard-mounted cameras, known as Mobile Video/Audio Recording Systems (MVARS) in California.
How Do MVARS Work?
MVARS are installed on the dashboards of squad cars and are not handheld devices. These cameras are:
- Always on
- Permanently facing forward
This setup ensures consistent footage across arrests, eliminates potential officer errors (such as forgetting to activate the camera), and reduces misuse.
Therefore, if a squad car is equipped with a dash cam, your DUI traffic stop and arrest will be recorded provided:
- The officer stops behind your vehicle
- There is sufficient lighting (officers often use spotlights during nighttime stops)
- The stop and arrest occur in front of the squad car
Exceptions occur if there is a technical issue with the camera or if the squad car lacks a dash cam.
How Many Squad Cars Have Dash Cams?
It depends on the agency. Using dashcams is not required by law, and some police departments favor them while others do not. Many local police forces do not use them simply because of the cost. The California Highway Patrol (CHP), however, makes wide use of MVARS.
How MVARS Can Help Your Case
Mobile Video/Audio Recording Systems (MVARS) can provide crucial evidence that may challenge the police’s version of events.
Here’s how dashcam footage can potentially aid your defense:
- Show Lack of Probable Cause: The video may reveal that you were not violating any traffic laws before being pulled over.
- Dispute Field Sobriety Test Results: Footage of your performance during tests might contradict the officer’s claim that you failed them.
- Prove Miranda Rights Weren’t Read: Audio recordings can show if the police failed to properly advise you of your rights.
- Demonstrate Police Misconduct: Video may capture instances of excessive force or violations of your rights.
- Contradict Police Report: Footage could highlight discrepancies between the officer’s written account and the actual events.
For example, in a DUI case, MVARS video showing you speaking clearly and walking steadily could cast doubt on claims that you were visibly intoxicated. Or in a drug possession case, footage could reveal an illegal search of your vehicle
Potential Downsides of MVARS Evidence
However, dashcam recordings can sometimes work against a defendant. Possible drawbacks include:
- Showing Clear Traffic Violations: Evidence may justify the initial stop.
- Capturing Visible Signs of Intoxication: Recordings during a DUI arrest might show clear signs of impairment.
- Recording Incriminating Statements: Any self-incriminating comments made to police could be captured.
- Demonstrating Uncooperative Behavior: Footage may show uncooperative or combative actions.
Given these possibilities, it’s essential to have a skilled defense lawyer analyze any MVARS footage to build a strong defense strategy.
How to Obtain MVARS Video Recordings
According to SCLG, to request a Mobile Video/Audio Recording Systems (MVARS) video recording, you can call or visit the nearest CHP Area office to learn how to make a public records request. Typically, it is best to submit your request in writing to the nearest CHP Area office [1].
In your written request, include the following details to ensure clarity:
- A clear description of the footage
- The date of the recording
- The location of the incident
- The reason for the recording
- Your contact information
Any additional information to help locate the footage
Processing Time for Your Request
According to the California Public Records Act, an agency should process a public records request within 10 days of receipt. However, this is not a strict deadline. The CHP website indicates that processing may take longer and that a “reasonable amount of time” is needed to review the request and inspect relevant records. If you do not receive your MVARS video within 10 days, follow up with the CHP for an update.
Conditions Under Which MVARS Recordings May Be Withheld
The CHP is not always obligated to provide MVARS footage. Requests can be denied if the footage includes exempt or sensitive material, such as:
- Personal identifiers of involved or uninvolved parties
- Specialized peace officer safety and enforcement tactics
- Confidential information related to a law enforcement officer
- Graphic, disturbing, or invasive content
Additionally, requests may be denied if the footage is part of an ongoing investigation or if releasing it would endanger the safety of individuals involved in the investigation.
Related Articles:
- Are Butterfly Knives Illegal in California?
- California Police Taser Use
- Do You Have to Show ID to Police During a Stop in California?
If you’ve been affected by any of these matters contact our personal injury lawsuit attorneys, and we can help with the deserved compensation.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.shouselaw.com/how-to-get-mvars-from-the-chp/