Dallas’ red light camera program was struck down yesterday. A judge ruled the city’s shameless money grab violates Texas law. I have been following the proliferation of red light cameras in Texas. It’s a greedy government pig covered with some public safety lipstick.
Why did the judge rule these cameras were illegal? To the occupations code we go!
§ 1702.104. INVESTIGATIONS COMPANY. (a) A person acts
as an investigations company for the purposes of this chapter if the
(1) engages in the business of obtaining or
furnishing, or accepts employment to obtain or furnish, information
(A) crime or wrongs done or threatened against a
state or the United States;…….
(b) For purposes of Subsection (a)(1), obtaining or
furnishing information includes information obtained or furnished
through the review and analysis of, and the investigation into the
content of, computer-based data not available to the public.
Dallas was so exited about stealing money from drivers, they forgot to read the law.
Being in criminal defense necessitates familiarity with laws well outside the Penal Code and Code of Criminal Procedure. All defense attorneys need to be aware of this statute.
Why? Because evidence obtained in violation of state law can not be used against criminal defendants. It’s our state’s version of theexclusionary rule. If the police want to use this red light camera information to place a defendant in a certain place at a certain time, they have to make sure the camera company is licensed.
The fight isn’t over yet. Our appellate courts love upholding police powers and Dallas is addicted to red light cash.