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US Federal Court Upholds Illegal Red Light Camera Evidence


Article by: robert
Date: 24 Mar 2010

pocketgpsworld.comTheNewspaper.com reports that a federal appeals court has ruled that municipalities in most US states can use evidence illegally collected by photo enforcement cameras.

The court rejected the claim that because traffic camera operator ATS is an "investigations company", it therefore cannot present evidence if that evidence is obtained while the company operates without a license. The original claim was based around the Texas law that requires companies involved in private investigation to obtain a license.

To be able to bring a claim in a US federal court, "a litigant must demonstrate that it has suffered a concrete and particularized injury that is either actual or imminent, that the injury is fairly traceable to the defendant, and that it is likely that a favorable decision will redress that injury."

However, the appellants, Stephen Bell, Alexis Monrreal, and Jacqueline Monrreal did not allege that they were wrongly cited for traffic violations, but claimed that their violations wouldn't have been discovered were it not for ATS's red light cameras. They were attempting to claim $3,000,000 in damages.

Dismissing the case, the court ruled that a plaintiff’s interest in evading the law and an the argument that ATS "will make his criminal activity more difficult, lacks standing because his interest is not 'legally protected.'"
Comments
Posted by tooshman9 on Thu Apr 08, 2010 8:17 pm Reply with quote

Shocked only in america Shocked


 
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