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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

During a field operation to arrest a suspect for illegal possession of firearms, Officer Bautista activates his body-worn camera while the suspect is cornered in a narrow alley adjoining a row of houses. The footage shows the suspect in the alley with a gate to a yard ajar; through the open gate, the interior of a private dwelling is briefly visible, and the audio captures a private conversation between the suspect and a neighbor inside the dwelling. Under A.M. No. 21-06-08, which statement best describes the admissibility and handling of the footage, including authenticity, relevance, retention/disclosure requirements, and privacy considerations (including redaction possibilities)? If portions must be redacted or barred, explain the permissible scope and procedures for handling redactions under AM 21-06-08, and the consequences for noncompliance.

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The footage may be admitted in full if the private interior view and private conversation were incidental to the arrest and the redaction would undermine the probative value; otherwise, redaction is required. The footage is admissible only to the extent it shows the arrest and publicly observable actions; any portions revealing interior dwelling or private conversations must be redacted; the agency must preserve the original footage and disclose a redacted version to the defense under AM 21-06-08, and noncompliance may lead to suppression of the redacted portions or other sanctions. The footage is admissible in full if it is properly authenticated and relevant; privacy concerns are not controlling once the incident is captured in the open street setting. The footage must be retained for a specified period and disclosed to the defense upon request; failure to retain or disclose can result in suppression or sanctions under AM 21-06-08.

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