Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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MVARS stands for Mobile Video Audio Recording Systems. These devices are dashboard-mounted cameras used in some California law enforcement vehicles to record arrests, and events leading up to arrests. MVARS are also often referred to as “dash cams.”
A few of the things a dash cam can record include:
Mobile Video/Audio Recording Systems are typically admissible in criminal proceedings. Further, they can be both helpful and hurtful to a defendant’s case – depending on the circumstances.
Persons accused of a crime have a legal right to view the footage from a dash cam, provided that one was used.
As the term implies, dash cams are mounted to the dashboards of “certain” police patrol vehicles. We use the word “certain” because the use of these cameras is not required by law. While some police departments like them, others do not and will not use them. The California Highway Patrol (CHP) does use them. (See our article on how to get MVARS from the CHP).
The camera itself faces forward at all times and it is continuously on. MVARS save a video as soon as an officer turns on his vehicle’s emergency lights. A police officer is not allowed to turn off a dash cam.
There are several reasons why these devices are used by law enforcement agencies. Some of the top four include:
The answer depends on the type of case and the facts involved. Mostly, it can help contradict incriminating claims in the police report. For instance, MVARS can help a defendant’s case in the following situations:
Once again, this answer depends on the type of case and the facts involved. Some examples of when a MVARS video may hurt a defendant’s case include the following circumstances:
California law says that persons accused of a crime can obtain the footage of a dash cam video – if such video or audio was recorded. Typically, a defendant’s lawyer requests the footage from the arresting department or agency. These entities normally supply a copy of the video/audio and keep the original.
Please note that prosecutors have the right to use MVARS videos as evidence in criminal cases. This means that if a video or audio recording makes an accused look bad, a defendant should anticipate that a prosecutor will use the recording against him.
Call our law firm for legal advice and to discuss creating an attorney-client relationship. Our Los Angeles attorneys offer free consultations in southern California and throughout the state.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.