The Wisconsin Court of Appeals on Wednesday gave its first ruling on how dashcam evidence would be treated at the appellate level. A three-judge panel decided that the proper legal standard when evaluating a video is to overturn a trial judge’s decision only it is “clearly erroneous.”

The context was provided by the November 4, 2009 arrest of Jeffrey D. Walli in Sheboygan. The court was asked to determine whether Sheboygan Police Officer Brandon Munnik had a valid reason for pulling Walli over in the first place. Munnik claimed that around 11:22pm Walli’s car nearly sideswiped him, so he flipped on his emergency lights, which triggered his dashboard-mounted video camera, and gave chase. Munnik testified that the resulting video showed Walli’s car over the center line and was a legitimate traffic violation. Walli’s attorney disagreed with that take.

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The Missouri state Senate yesterday voted to require local jurisdictions to adhere to minimum standards for yellow warning time at intersections. State Senator Jim Lembke (R-St. Louis), an opponent of the use of red light cameras, introduced amendments to an omnibus transportation bill designed to limit the desirability of photo enforcement. His colleagues went along with language mandating that signals on all roads adhere to the bare minimum “nationally recognized engineering standards.”

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Speaking your mind to a police officer during a traffic stop is not free speech, according to the Tenth Circuit US Court of Appeals. A three-judge panel ruled Thursday that Colorado Springs, Colorado Police Officer Duaine Peters did nothing wrong in having Miriam Leverington fired from her job as a nurse at Memorial Health System for talking back after he wrote her a speeding citation.

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Less than a year after the Florida legislature enacted legislation authorizing the use of photo enforcement, the state House of Representatives wants to reverse course. By a 59 to 57 vote yesterday lawmakers approved a bill repealing the provisions of the Mark Wandall Act.

“The unequivocal data that I’ve seen is that these intersections have become more dangerous not less dangerous with the advent of red light cameras,” bill sponsor Representative Richard Corcoran (R-New Port Richey) said. “All the data I’ve looked at has shown overwhelmingly that these intersections become less safe.”

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The US Court of Appeals for the Seventh Circuit ruled yesterday in favor of police officers who attach GPS tracking devices to vehicles without first obtaining a warrant. The three-judge panel insisted searches of this sort do not violate the Fourth Amendment after considering the case of Juan Cuevas-Perez.

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Washington state’s second highest court endorsed the growing municipal practice of using extended vehicle impound periods to rack up fees. The a three-judge court of appeals panel considered the question in the context of whether Raymond Mann’s vehicle was rightly taken for thirty days by Kent police on March 13, 2009.

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California’s second highest court has no interest in dealing with parking tickets. A three-judge panel of the Court of Appeal on April 12 rendered a decision in a case involving nothing more than a disputed $44 parking ticket. Motorist Angelica Guevara argued that the citation she received on December 28, 2008 for parking in Bell was void because the city failed to provide adequate notice of overnight restrictions. The justices made it clear they will not consider the merits of this or any other parking case.

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The highest court in Massachusetts ruled Tuesday that a police officer is not justified in stopping and searching an automobile merely because he smells the presence of marijuana. The Supreme Judicial Court took up the case of Benjamin Cruz to clarify the legal impact of a 2008 voter referendum that had decriminalized possession of less than one ounce of pot in the Bay State.

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The Los Angeles, California police commission voted 3-2 on Tuesday to approve a report defending the status quo regarding the use of red light cameras. In January, the city council tasked the commission with reviewing a report by Safer Streets LA that found the department had misrepresented accident statistics to make the program appear effective (view report, 250k PDF). Another report suggested lengthening yellow times one second beyond the bare minimum would reduce violations and accidents (view report, 450k PDF). A third report concluded that 75 percent of tickets were issued for rolling right turns, which have never been a significant cause of accidents in Los Angeles (view report).

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The Washington Post‘s Paul Duggan blogs that Charlie Sheen arrived late to his Washington DC show after being escorted by local police officers at speeds of at least 80 MPH, an incident the actor documented in the tweet shown above. And lest TTAC be accused of pandering to lowest-common-denominator Charlie Sheen voyeurism, Duggan teases an interesting question out of the situation: can just anyone get a police escort and drive legally at illegal speeds? Hit the jump for your answer…

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A New Mexico district court judge on Thursday transferred a case challenging the legality of photo enforcement systems to the state’s second highest court. In a written decision, Judge Manuel Arrieta suggested it would save time and expense for the court of appeals directly to weigh the case against Cristobal Rodriguez who was issued a red light camera ticket by the private company operating on behalf of the city of Las Cruces.

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Ticket quotas seem to be one of those facts of life that exists, unexamined, in law enforcement departments around the country. But this week the concept has been dragged out into the light of the justice system, as two LAPD officers have won a lawsuit against their department’s ticket quota system. The LAT reports:

Officers Howard Chan and David Benioff, veteran motor officers with the LAPD’s West Traffic Division, sued the department in 2009, alleging that their captain mandated each motor officer to write 18 tickets a day, according to the suit.

In addition to the quota, officers were told the tickets they gave out had to be for “major movers” such as speeding, lane straddling or running a red light — offenses that could each generate revenue of several hundred dollars each.

The civil court jury sided with the officers by a vote of 11 to 1. The damage award [of $2m] was for loss of reputation and specific employment actions against the officers by the department affecting their careers after they reported the misconduct and refused to meet the quotas.

The department defended itself by arguing that, rather than a specific quota, the department had broad goals intended to reduce injuries and fatalities. That argument was roundly rejected by the jury, which found in favor of the suing officers 11-1, after a former LAPD commander testified that gas prices and paramedic response times had far more to do with injury and fatality levels. With any luck, this ruling may even create precedent to eliminate quota systems around the country. Meanwhile, MyFoxLA reports that the LAPD is appealing the ruling.

The employee of a photo enforcement firm was arrested in Victoria, Australia yesterday after being accused of adjusting the speed readings in a database of photo tickets. Police believe the man identified as a 36-year-old from Craigieburn changed the date, time, speeds and other variables on a total of 67,541 red light camera and speed camera citations. The data were altered between February and March while the man worked for Serco, the private firm in charge of ticketing operations.

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The city council in Highland, California decided three years ago to allow an Australian company, Redflex Traffic Systems, issue tickets at two intersections. Nearly 4300 “violations” have been generated since August 2008, each worth nearly $500. A committee of the council opened debate yesterday on whether the automated ticketing machine contract should be renewed. When the same question was debated last year, officials focused on safety.

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A Los Angeles County, California court last month distanced itself from judicial colleagues in defending the use of red light cameras. A three-judge appellate division panel on February 14 upheld the validity of photo ticketing despite the contrary holdings of the appellate division in Alameda, Kern, Orange, San Bernardino and San Mateo counties.

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