A woman drives with both hands on the wheel. Her phone sits face-down on her lap. No officer pulls her over. No lights flash. Weeks later, a $1,251 ticket arrives in the mail. The evidence: a single frame from a Camera surveillance app. The charge: phone use while driving.
Automated camera companies market their devices as automated license plate readers — tools for catching stolen cars, flagging warrants, and aiding serious investigations.
Sold as a Crime Tool. Used as a Fine Machine.
What’s unconstitutional about it? Genuinely asking.
The Constitution guarantees the right to confront your accuser in court, which you can’t do with an automated camera. It used to be a guaranteed win if you showed up at all because the camera itself couldn’t hire a lawyer and present an argument.
It doesn’t have to. They send a representative from the camera company whose job it is to show up in court and rationalize their bullshit at the judge. I know this because I actually had to go through this process once, many years ago, to fight a clearly fraudulent ticket from one of these damn fool things in our local downtown.
Do you happen to live in the area the company is headquartered? Because I can’t imagine them flying a representative out for every ticket being contested.
These guys know how it works. They don’t “fly” anyone anywhere. They have low paid lackeys available in any and all of the areas they operate whose job it is specifically to hang around in courthouses and defend their tickets. It’s not like they drop everything and bundle an executive on a plane to go to Podunk, Missouri or whatever to argue about a one-off ticket.
In my case this outfit only operates in our state, to my knowledge. They wouldn’t have to go far.
This seems trivially defeatable by having an officer use the camera footage as evidence when they issue a fine. Then there’s an accuser to be confronted in court - the officer
Not sure why you’re being downvoted.
It’s the sixth amendent.
For of such a short document it is ridiculous for any American not to know their rights. Unfortunately the internet has been taken over by the ignorant.
I mean, we should certainly take the time to learn our rights, but I wouldn’t say that it’s ridiculous to not remember everything contained in 40+ pages.
4th Amendment violation
That surely fails the Katz test