This article addresses the question of whether or not motion pictures made during tests to determine if a driver is intoxicated should be used in court. There is no element of unreasonable search and seizure involved in such practices, since there is no search. Neither is there any siezure of evidence. The film merely records what is visible to the eyes of those observing the accused, his appearance, condition, and behavior. It is concluded that motion pictures are no more subject to exclusion than ordinary photographs or the testimony of witnesses describing the scene. Their relevance depends upon the relevance of the scene they portray; if the scene is material to the inquiry the pictorial record of it necessarily has equal pertinence. Reference is made to court cases which involved the use of motion pictures.

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Filing Info

  • Accession Number: 00083893
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Apr 8 1975 12:00AM