California: Appellate Decision Strikes Down Red Light Camera Evidence

In a unanimous decision, a three-judge panel of the California Superior Court, Appellate Division dismissed a red-light camera ticket, agreeing with attorney R. Allen Baylis who argued that the city had “failed to lay a proper foundation for the evidence.” “This appeal involves an issue far too often presented to this court, namely the admissibility of evidence and that statutory compliance with the procedures employed by several municipalities in this county in what have come to be known as ‘photo enforcement’ citations,” the ruling stated. At the heart of the decision was the lack of credible testimony about the reliability of the cameras. “The person who entered that relevant information into the camera-computer system did not testify. The person who entered that information was not subject to being cross-examined on the underlying source of that information. The person or persons who maintain the system did not testify. No one with personal knowledge testified about how often the system is maintained.” The city of Santa Ana argued that, under the hearsay exemption for official government records, the photographic evidence should be sufficient. The court disagreed, saying the “photographic records were created by a for-profit Australian company, not a state or local government agency.” All charges were dismissed.