Austin, TX (Law Firm Newswire) October 20, 2014 – A recent federal court ruling in Texas stated that a man arrested numerous times for taking video footage of the police has both the right to file a lawsuit against the force and the right to photograph or film them in the first place.
“The ruling could impact drivers arrested for DUI,” said Austin personal injury attorney Brooks Schuelke, who is not involved with the case. “Filming police in public has been a touchy issue for years. This particular case may change how the police handle DUIs.”
Law enforcement prefers not to be photographed for a number of reasons, but some Texas criminal defense attorneys suggest that their resistance is mostly grounded in fear. Officers have been known to violate a client’s constitutional rights during illegal DUI/DWI arrests across the state. Historically, police have stopped suspected drunk drivers not because of reasonable suspicion that a driver may be inebriated, but because of a hunch or quotas to fill.
The police have also made documented mistakes in administering DWI/DUI tests. In some cases, the equipment was not properly calibrated to take a breath sample, the test not administered correctly or the officer not properly trained. In other cases, samples were not properly stored or preserved.
Currently, when a suspected drunk driver is stopped, he or she is filmed. However, the police do not like to be filmed in return.
This ruling may turn the tables on the police and allow alleged drunk drivers to film or take photos of police as they are being arrested. As a result of this decision, 37-year-old Antonio Buehler will proceed with his lawsuit.
“Filming the police as they are arresting a driver may ensure that the police follow the law and that the citizen’s constitutional rights are being followed to the letter,” added Schuelke.
Learn more at http://www.civtrial.com
Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944
- What Are Symptoms Of A Concussion Or Brain Injury?
I often tell clients that they need to be on the lookout for brain injuries. For some head injuries, the problems are obvious. But in many cases, the problems are much more subtle. As a result, many concussions or brain injuries go undiagnosed because a doctor doesn’t know you well and doesn’t see the symptoms. […]
- Motor Vehicle Accidents: Do I have to provide a release of medical information to the insurance company?
We recently received an inquiry asking, “Do I have to provide a release of medical information to the insurance company?” Generally, the answer is “no,” but for a more detailed answer, I need to know the type of case. If you’re making a claim directly against the driver who caused the wreck, the answer is […]
- Head Injuries and Concussions — From Players’ Perspective
If you know me, you know I’m a huge University of Texas sports fan. Because of that, I’m a huge fan of the Longhorn Network. Usually, the stories just relate to my sports passion, but in light of David Ash’s retirement from football due to his repeated concussions, the LHN ran a great piece that […]