How Maryland’s New Technology-Driven Evidence (Body-Cams, AI, Drone Video) Is Changing Criminal Cases

The way police investigate crimes is rapidly changing as technology advances. Maryland and local police are using body-cams to video record police interactions with the public, including those who are arrested for crimes. Drones are being used to conduct surveillance of local communities. The police are also using artificial intelligence to conduct investigations.

At Carey Law Office, we stay current on how police are using new technology. We also stay up to date on defendants’ rights to challenge the use of technology that does not comply with the Constitution, Maryland’s criminal statutes, and the rules of criminal procedure and evidence.

How Baltimore police are using drones to investigate criminal conduct

A recent Fox Baltimore story shows how the Baltimore Police Department is using drone technology. The Baltimore Police Forensics Department, at the direction of crime lab technician Megan Descalzi, began its drone unit five years ago. Now, the department has six drones and “nine female crime lab technicians turned authorized FAA pilots” that capture aerial photographs at Baltimore crime locations.

The drones can fly up to 400 feet high. Jurors, according to Fox Baltimore, find the drone photographs persuasive because they provide a clearer view of the streets and venues involved, including estimates of building heights. Drone photography is particularly helpful at night due to drone lighting technology. Descalzi states that drone photography will also be useful for creating 2D maps and 3D models of crime scenes.

Drone technology and criminal defense

At Carey Law Office, we regularly contest the admissibility of evidence in criminal cases that fail to comply with federal and state requirements. For example, if prosecutors want to use drone footage, we may argue that the footage:

• Is not relevant to your case
• Was not authenticated by the prosecution
• May constitute an unlawful search under the Fourth Amendment, depending on whether the surveillance intrudes on a reasonable expectation of privacy

We may also argue that the chain of custody of the drone footage was broken – that the security of the footage from the time the drone footage was taken until the time it’s presented in court cannot be fully accounted for. Many other criminal defenses may apply.

The pros and cons of using drone footage are similar to those we discuss below in our body-cam segment.

Body-cams and criminal defense

Many officers wear body-cameras (body-cams) to document their actions during criminal investigations and arrests. body-cams are portable devices that officers wear. They can capture audio and video.

How can body-cam evidence help a defendant?

In some cases, criminal defendants may want to use the audio or video for the following reasons:

• To support the defendant’s version of what happened.
• To show that a police officer failed to follow proper procedures, such as failing to provide Miranda warnings during custodial interrogation. Miranda warnings include being told that a defendant has the right to consult with an attorney and have the attorney present during questioning, and the right to appointed counsel if the defendant cannot afford one.
• To show that a police officer failed to properly instruct or administer standardized field sobriety tests, which may affect the reliability or admissibility of the results.
• To show that a police officer failed to perform breath tests correctly.
• To show that a police officer provided testimony that is inconsistent with the body-cam footage.
• To show that a police officer entrapped a defendant.
• To show that a police officer used excessive force.

Body-cam evidence may also show that a defendant acted in self-defense or without the necessary intent (for some crimes) to be found guilty of a crime.

How can body-cam evidence hurt a defendant?

Some body-cam evidence can help convict a defendant. Damaging body-cam evidence includes the following:

• Actual video evidence that a defendant is committing a criminal offense, such as stealing goods from a store, assaulting someone, impairment due to alcohol or drugs, or resisting arrest. Where possible, we may seek to exclude or suppress this type of evidence.
• Selective use of body-cam footage may not reflect the full context of the incident. In this scenario, we may seek to examine the entire body-cam footage and to include the entire video footage instead of the selected portion.

We may also present evidence showing that the prosecution’s reliance on body-cam footage doesn’t present the full picture.

Artificial intelligence and criminal defense

AI is being used by law enforcement in a variety of ways, according to USA Today. Some of these ways include the following:

• Examining DNA evidence, fingerprint evidence, facial recognition evidence, and many other types of forensic identification evidence
• Looking for patterns of criminal conduct to assist investigations or resource allocation, though such tools are generally not used as direct evidence of guilt
• Conducting surveillance
• Engaging in many other uses as the power of AI expands

The defenses that an experienced criminal defense lawyer may assert are evolving. Generally, we will seek to suppress AI evidence if it violates any of your Constitutional rights, the laws of Maryland, or federal, state, or county rules of criminal procedure and criminal evidence.

We may also assert that AI still has flaws, such as reliability and authenticity issues. The prosecution’s use of AI-generated or forensic conclusions may raise Confrontation Clause concerns if testimonial findings are introduced without the analyst who performed the analysis, depending on how the evidence is classified under current case law.

In addition, we may assert that the evidence is biased, fails the chain of custody requirements, and raise other defenses. We may also seek to review the entire AI review process, not just the small part that the prosecution wants to use in court.

At Carey Law Office, we have more than 40 years of experience advocating for criminal defendants in federal and state courts. We work with experts who can review drone and body-cam footage, and AI technology. We’re ready to fight for your freedom. Carey Law Office has offices in Bowie and Dunkirk. Call us or fill out our contact form now to schedule a consultation. We also serve Calvert County.